How To Make A Tripping And Slipping Claim

Written By: Ayesha Salim on December 18, 2009 4 Comments

Tripping and slipping accident claims are quite common as members of the public trip and fall on various substances on a regular basis. In order to make a successful claim the claimant has to prove that someone else was legally responsible for the accident occurring. If the accident occurred in someone else’s premises the occupier of the property could be held liable for not keeping the premises in reasonable condition. The main question normally asked is ‘what is a reasonable condition?’ The notion of ‘reasonableness’ will depend on a number of factors. In order to escape liability, the defendant will have to invoke statutory defence, by proving in reference to written records that they have a regular inspection regime in place, and have responsibly kept the location where the accident happened in reasonable condition.

The condition of the premises where the accident occurred will be analysed for evidence. In order for the personal injury claim to be successful, it will have to be shown that the accident was caused by the condition of the premises.

Accidents that occur in the street

Under Section 41 (1) of the Highways Act 1980 there is an absolute duty to maintain the highway at Public expense. This was summed up in the case of Griffith v Liverpool Corporation 1967 when the duty was expressed as follows:-

“The duty at common law to maintain, which includes a duty to repair a highway, was not based in negligence but in nuisance. It was an absolute duty to maintain, not merely a duty to take reasonable care to maintain, and a statutory duty which replaced it will also be absolute.”

This means that the local and highway authorities are responsible for ensuring that inspections are carried out regularly on road surfaces, and that they are maintained in a reasonable condition.

For the claimant to succeed, it will have to be demonstrated that the part of the road where the accident occurred was not reasonably safe, and that it was the serious defect in the road which caused the accident. This is where the notion of ‘reasonable condition’ comes into place. In some cases it is difficult to establish what is ‘reasonable’ as there may be many factors involved.

Accidents that happen in other public places

If the accident occurs in another public place such as a supermarket, shop, or a place of entertainment, the occupiers of the building are under a duty to ensure that members of the public remain safe whilst on their property. The occupiers of the building should ensure that fittings and fixtures are secure and do not pose certain health hazards. Accidents occurring in supermarkets are quite common due to people tripping or falling on some form of slippage. Again the chances of the claim succeeding will depend on deciding what is counted as ‘reasonable condition’. The defendants will have to prove that they had reasonable protection in place when the accident occurred.

Factors to take into account

* Write down details of where the accident happened

* Write down any relevant names, addresses, and telephone numbers of witnesses

* Seek medical attention from a doctor for any injuries suffered no matter how insignificant

* Contact the relevant authority detailing the defect/accident

* Take photographs as soon as possible of the scene of the accident. Photographs of the clothes and shoes should be taken instantly following the accident

* If you have any cuts or bruises these should also be photographed

Ayesha Salim , editor of the UK Lawyers Network, writes articles about Solicitor, solicitor, slip accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation