Slip Trip and Fall claims
The majority of us have slipped or tripped whilst we are out and about; most of the time these accidents are caused by simply not looking where we are going and we are not injured – just embarrassed!
Occasionally we trip as a result of someone else's negligence; this could be because the area where you were walking was unsafe.
Claims involving broken or unsafe pavements are some of the most difficult to prove. The main aim is to find out who is responsible for the maintenance of the path or roadway. If for example the area is owned by the local Council and the Council has recently had work done on the area by e.g. the electricity board, then there is always a possibility that the surface has been damaged by them.
The second difficult area is that of inspection. If the responsible party can prove that they regularly inspected the area and that on the last inspection no defect was apparent, then you have to prove either that they failed to carry out the inspection properly or that the defect had been reported before the accident and nothing was done to rectify it. The same applies if you have slipped in a supermarket - if the supermarket doesn’t regularly check aisles for spillages then they are negligent in not doing so.
Having an independent witness to any accident can help your claim but it is not essential. What is important is that the accident has been reported to the responsible party, its helpful if you can make a note of the person’s name and when it was reported.
The general rule when assessing whether you have a claim if you trip in the street is to check the difference in height between the two pavement surfaces, it has to be at least 1 inch; if it is less than 1 inch then there is a chance that there will be no claim for compensation. A good way to test the height difference is to place a 50 pence piece next to the pavement edge, if the difference in height between the two surfaces is greater than the height of the 50 pence piece you probably have grounds to make a claim.
If we are able to establish fault we will be able to recover compensation for your pain and suffering, any loss of earnings you have incurred, medical expenses, damaged clothing and any other items you have incurred because of the injury.
So, if you think you have a claim, simply complete the short questionnaire below and we will check it for you. It won’t cost you anything and there is no obligation for you to pursue a claim and you’ll get a prompt response from our specialist personal injury claims team.
Dianna BamforthYork |
Debbie MasonYork |
Julie DensleyHull |
Jonathan BamforthYork & Hull |