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.
The condition of the premises where the accident occurred will be analysed for evidence. In order for the personal injury claim to be successful, it will have to be shown 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'80 there is a direct duty to maintain the highway at Public expense. This was summarised in the case of Griffith v Liverpool Corporation'67 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 highway and local authorities have to ensure that inspections are carried out regularly on road surfaces, and that they are kept 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 happen 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
* Make a note of exactly where the accident happened
* Write down the names, addresses, and telephone numbers of any witnesses
* Seek medical attention from a doctor for any injuries suffered no matter how insignificant
* Make a report to the relevant authority detailing the defect/accident
* Photograph the scene of the accident. Photographs of the clothes and shoes should be taken instantly following the accident
* If you have any cuts or bruises these should also be photographed
The condition of the premises where the accident occurred will be analysed for evidence. In order for the personal injury claim to be successful, it will have to be shown 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'80 there is a direct duty to maintain the highway at Public expense. This was summarised in the case of Griffith v Liverpool Corporation'67 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 highway and local authorities have to ensure that inspections are carried out regularly on road surfaces, and that they are kept 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 happen 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
* Make a note of exactly where the accident happened
* Write down the names, addresses, and telephone numbers of any witnesses
* Seek medical attention from a doctor for any injuries suffered no matter how insignificant
* Make a report to the relevant authority detailing the defect/accident
* Photograph the scene of the accident. Photographs of the clothes and shoes should be taken instantly following the accident
* If you have any cuts or bruises these should also be photographed
About the Author:
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Personal injury Lawyer, trip accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
