In order to make a tripping and slipping accident claim it must be proven that someone else was legally responsible for the accident occurring. If the accident occurred in a shop or a supermarket, the occupier of the property is responsible for keeping the premises in reasonable condition. The main question normally asked is 'what is a reasonable condition?' This will largely depend on a number of factors. The defendant can invoke statutory defence, if they can prove by 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.
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 on 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."
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.
In order for the claimant to succeed, it will have to be shown that the part of the road where the accident occurred was not reasonably safe, and that the accident was caused by a serious defect on the road. The notion of 'reasonable condition' has been largely disputed. This is due to the fact that there may be various factors involved, and it can be hard to pin point an exact condition.
Accidents that occur in other public places
In some cases the accident can occur in another public place such as a shop, supermarket, or a place of entertainment. In these circumstances the occupiers of the building are under a duty of care to ensure that members of the public remain safe whilst on their property. The general surroundings of the premises should be secure and 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.
Key points to look out for
*Â Â Â Write down details of where the accident happened
*Â Â Â Write down any relevant names, addresses, and telephone numbers of witnesses
*Â Â Â Seek medical attention from a doctor for any injuries suffered no matter how insignificant
*Â Â Â Make a report to the relevant authority detailing the defect/accident
*Â Â Â Photograph the scene of the accident. Photographs of the clothes and shoes should be taken instantly following the accident
*Â Â Â If you have any cuts or bruises these should also be photographed
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 on 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."
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.
In order for the claimant to succeed, it will have to be shown that the part of the road where the accident occurred was not reasonably safe, and that the accident was caused by a serious defect on the road. The notion of 'reasonable condition' has been largely disputed. This is due to the fact that there may be various factors involved, and it can be hard to pin point an exact condition.
Accidents that occur in other public places
In some cases the accident can occur in another public place such as a shop, supermarket, or a place of entertainment. In these circumstances the occupiers of the building are under a duty of care to ensure that members of the public remain safe whilst on their property. The general surroundings of the premises should be secure and 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.
Key points to look out for
*Â Â Â Write down details of where the accident happened
*Â Â Â Write down any relevant names, addresses, and telephone numbers of witnesses
*Â Â Â Seek medical attention from a doctor for any injuries suffered no matter how insignificant
*Â Â Â Make a report to the relevant authority detailing the defect/accident
*Â Â Â Photograph the scene of the accident. Photographs of the clothes and shoes should be taken instantly following the accident
*Â Â Â If you have any cuts or bruises these should also be photographed
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