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If you have had an accident on the pavement or even when crossing the road you may be entitled to claim compensation from your local council. Similarly you may be entitled to receive compensation if you have slipped over, through no fault of your own, when visiting shops or other occupied premises or land. Your solicitor will be able to advise you on whether the circumstances of your case will entitle you to receive compensation for your injuries and expenses.
Tripping and slipping accidents can occur on a public highway or on private land.
Public Highway
The Highways Act 1980 requires Local Authorities to ensure that all pavements and roads are maintained so that they are safe for members of the public to use. If an accident has occurred on the public highway, then it is very important to obtain photographic evidence of the defect or hazard that caused the fall, prior to its repair. In tripping accidents it is usual, but not always the case, that the defect or hazard must measure at least one inch in height before a claim can be pursued.
Private Land
Under the Occupiers Liability Act 1957, the owners and/or occupiers of private land are under a duty to take all reasonable steps to ensure visitors to their premises are kept safe from harm. This extends to ensuring that visitors are not exposed to tripping and slipping hazards.
Once again, it is most important that if at all possible, photographic evidence is obtained of the relevant defect or hazard as soon as possible following the accident, although the absence of such evidence will not preclude a claim being pursued.
As to whether the claim will be successful, will depend on the circumstances of each particular case and of relevance will be the size or nature of the particular defect or hazard and whether the owner or occupier knew or ought to have known of the existence of the defect or hazard prior to the accident.
Whether a trip or slip has occurred on a public highway or on private land, a claim can be pursued for damages for any of the following:
- Personal injuries, for which medical evidence will be required
- Loss of earnings
- Physiotherapy or other rehabilitation treatment
- Medication expenses
- Travelling expenses
- Damage to property and clothing
- Care
If you consider that you have a potential claim for compensation for a tripping or slipping accident then do not hesitate to contact us for free legal advice concerning your claim.