A tripping and slipping accident claim can be successful if it is proven that someone else was legally responsible for the accident occurring. This will be largely dependent on a number of factors. In order for the defendant to invoke statutory defence, they will have to prove by reference to written records that they have a regular inspection regime in place, and have kept the location where the accident happened in reasonable condition.
A successful personal injury claim based on tripping and falling in a public place will be dependent on whether or not it can be proved that the accident was caused by the condition of the premises.
Accidents that occur in the street
According to Section 41 (1) of the Highways Act 1980 there is a direct duty to maintain the highway at Public expense. This was summarised in the case of Griffith v Liverpool Corporation 1967 where it followed:
“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.”
Regular inspections need to be carried out by the highway and local authorities to ensure that road surfaces are kept in reasonable condition and that they do not pose a safety hazard to pedestrians.
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 in other public places
If the accident occurs in another public place such as a shop, supermarket, or a place of entertainment, the occupiers of the building are under a legal duty to ensure that members of the public remain safe whilst on their property. The persons in charge of the building should ensure that fixtures and fittings are secure and do not pose a danger to members of the public. Accidents which occur in supermarkets are quite common due to people falling or tripping on some form of slippage. The defendants will have to provide evidence that they had reasonable protection in place when the accident occurred.
Factors to take into account
* Write down where the accident occurred
* 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 giving them a report with details of the defect/accident
* Photograph the scene of the accident. Photographs of the clothes and shoes should be taken instantly following the accident
* Any physical injuries, such as cuts or bruises should also be photographed
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Lawyer, slip accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
