Slips, trips and falls – when can you claim?
As December brings with it the potential for icy conditions, falling over and suffering an injury can become an extra concern for many commuters. It’s important to know what rights you have in the event of a slip, trip or fall.
Of course, there are many reasons you may suffer an injury from falling. As well as ice, there could be a badly maintained pavement to navigate, unsafe obstacles blocking your path or a freshly mopped floor that lacks the legally required warning signs.
The first thing to note is that any compensation claim for slips, trips and falls is subject to the same conditions as most other personal injury claims. This means that you should see a solicitor immediately in order to get your case underway, as there is a three-year time limit in which you may make your claim.
Who is to blame?
The incident must also have been someone else’s fault, so for example if there were warning signs in place and you failed to heed them, you are likely to find it difficult to make a successful claim. Personal injury claims also generally require you to have been injured in some way, so as embarrassing as slips, trips and falls undoubtedly can be, that alone will not be enough to entitle you to compensation.
Another key factor is where the incident occurred. If you fall in a public place it may be possible to make a claim against the local council, as it is their responsibility to make pavements and walkways safe.
Evidence is vital in these situations, so it is highly recommended that you take photos of the area where you fell, as well as measuring any defects that contributed to your accident. It is important that this is done as soon as possible, before any repairs have been made.
Places such as supermarkets, shops and businesses also have a duty to safeguard their premises, so if you suffer a fall either in the store itself or in surrounding areas such as the car park and you feel the business could have done more to make the area safer, you should check to see if you are eligible to make a claim.
Alternatively, if the incident occurs at work, your employer should have liability insurance in place to deal with this. Some people are wary of claiming against their employer, but in this instance, you would be claiming against the insurance company and so would have nothing to worry about.
However, if your employer does not have such insurance, you are perfectly entitled to claim against them as it is their responsibility to have this in place.
How Sheldon Davidson Solicitors can help
If any of these circumstances applies to you, personal injury solicitors can help with any slips, trips and falls claim. These can be extremely complicated, as the circumstances of your accident must be thoroughly assessed to establish the likelihood of a successful claim.
Sheldon Davidson Solicitors have years of experience in dealing with cases such as this, and can provide initial advice for free with no obligation. Call today on 0808 9000 990 for friendly advice from personal injury experts.