Making a Claim for a Tripping or Slipping Accident

Claims can be brought as a result of tripping/slipping accidents in many circumstances including:-

• Tripping/slipping accidents on roads and pavements. Roads and pavements are usually the responsibility of the local council and they have a duty to maintain them to a reasonable standard so as to prevent tripping/slipping accidents.

• Shops have a duty of care to ensure that customers are kept safe from tripping/slipping accidents. If you have a tripping/slipping accident in a shop which is due to something being on the floor that shouldn't be there, then the shop may be liable to pay compensation even if it was there as a result of a customer's negligence.

• Tripping/Slipping accidents in public and private places including homes are the responsibility of the occupier of the premises who is under a duty to take such care as is reasonable to ensure that any visitors are safe from tripping/slipping accidents.

Highway tripping and slipping accidents

Generally the roads and pavements are maintained by the local highways authority - part of the local council. They have a responsibility to ensure that the highways (both roads and pavements) are properly maintained to a "reasonable standard" so as to prevent tripping/slipping accidents. This requires it to have a regular system of inspection and maintenance in place if they are to avoid being liable for any tripping/slipping accidents and injuries resulting from defects in the highways. Hence, they are not liable as soon as a defect in the road/pavement occurs. However, if they fail to repair it within a reasonable period of time once it has been reported, or when it should have been discovered through a reasonable maintenance regime, then they are potentially liable for any tripping/slipping accidents which result. Council's must keep records of their inspections and of maintenance work carried out and these records are available for inspection. It is through examining these records that the liability or otherwise of the Council can be determined in relation to any tripping/slipping accidents.

In determining liability, in conjunction with examining the council's system of inspection, one also needs to look at whether the defect which caused the tripping/slipping accident was sufficiently serious to warrant a finding of liability. Each tripping/slipping accident case will turn on its own facts. Factors that will be taken into account include the size and nature of the defect, the weather, lighting, warning signs or lack of them, and whether the person involved in tripping/slipping accident contributed to the incident. Generally, the busier the road or pavement the more resources should be committed to maintaining it to a reasonable standard to prevent tripping/slipping accidents.

If the problem which brought about the tripping/slipping accident was not a defect in the highway but some obstruction or work being carried out on it, then potential liability is likely to rest with the person or organisation that is carrying out the work or who caused the obstruction.

What to do if you have a tripping/slipping accident

If you have a tripping/slipping accident you should:-

• Make a note of where the tripping/slipping accident occurred

• Take details of any witnesses to the tripping/slipping accident

• If possible take a photograph of the defect that caused the tripping/slipping accident, with something to show a scale - such as a ruler, a coin or an object of a fixed size, or make a plan of the tripping/slipping accident site.

• Save the shoes that you were wearing and place them inside a plastic bag and tape it shut so that any materials stuck to the shoes will remain. Also keep any clothing, glasses, etc, damaged in the tripping/slipping accident

• As soon as reasonably practical, write down your version of how the tripping/slipping accident occurred.

• Get a doctor to examine you even if the injuries are relatively minor. If the injuries caused by the tripping/slipping accident are visible (bruising, cuts etc), try and get a photograph for later use.

• If applicable, ensure that you complete a tripping/slipping accident report form and retain a copy.

• If the item that you slipped on is non-perishable, carefully save a representative sample.

• If the item is perishable try to preserve it in a liquid chemical preservative or in a freezer.

The Accident Solicitors, the brand, is part of Antrobus Solicitors, a firm regulated by the Solicitors Regulation Authority. Details of the professional rules which regulate solicitors can be found at the following website address: http://www.rules.sra.org.uk

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