Slips, Trips and Falls
Slips, Trips and Falls can happen anywhere; at work, in a park, on a public road, street, footpath, pedestrian crossing, in a supermarket, pharmacy, green grocers, hardware store, post office, bank, hairdressers, department store, restaurant, holiday accommodation or at the gym.
They usually happen on stairs, uneven surfaces or wet floors, cracked or defective footpaths or where there is inadequate lighting or a lack of handrail.
The injuries sustained can depend on many factors but may include soft tissue bruising, lacerations, broken bones, fractures and sprains, back, neck or head injuries and scarring. The accident can also leave the injured party feeling nervous and anxious following their accident through the fear of something similar happening.
Workplace Accidents
An employer is under a duty to take reasonable care of the health and safety of its employees in all the circumstances of the case so as not to expose them to an unnecessary risk during the course of their employment.
The Health and Safety at Work Act 1974 requires employers to ensure the health and safety of all employees and anyone affected by their work, so far as is reasonably practicable.
Slips and trips are the most common cause of injury at work however work-related injuries can also arise as a result of inadequate training on the part of the employer, particularly Manual Handling Training, Repetitive Strain Injury as a result of excessive use of tools, the negligence of a co – employee or an employer’s failure to adequately maintain equipment used by its employees.
Depending on the severity of the accident or the amount of time you are off work, your employer may need to report the details to Health and Safety Executive who may investigate the accident. However, not all accidents are reported by employers and it is therefore a good idea to either report the matter yourself or instruct your solicitors to report the matter on your behalf.
Making a claim
In the UK there is a common law duty of care.
What is duty of care? A duty of care is a legal duty to provide a reasonable standard of care to others and to act in ways that protect their safety. A duty of care exists when it could reasonably be expected that a person’s actions, or failure to act, might cause injury to another person.
What this means in terms of an accident is that provided the accident occurred because of the negligence of either someone else or an organisation who owed you a duty of care, for example, your employer, a local authority, a shop/restaurant, etc. then you could be entitled to make a personal injury claim for compensation against the party responsible. You must bring your claim within 3 years of the accident of your accident
You will need to prove negligence ie. that the accident was due to another person or organisation’s failure to take proper care. You will also need to show evidence of your injuries. This can be done by way of an independent medical report which we will arrange for you.
Where the person injured was a child, a parent may claim on their behalf, or they may bring a claim in their own right upon reaching their 18th birthday provided they do so within 3 years of reaching their 18th birthday.
Compensation
Each case is different and will very much depend upon the severity of the injuries sustained, impact upon day to day living, long term difficulties and the extent of any permanent damage. Compensation is awarded for two different types of loss:
General Damages – compensation awarded for pain, suffering, and loss of amenity. Loss of amenity means the inability to complete activities following an accident.
Special Damages – compensation awarded to cover the financial losses and expenses incurred as a result of an accident. The aim is to put you back in the financial position you would have been in before your accident. Special Damages can include a claim for past and future loss of earnings, medical / treatment expenses, travel expenses, broken and / or damaged personal belongings, etc
A solicitor will be able to advise you and help you claim the maximum amount of compensation for your injuries and losses.
The Judicial College issues “Guidelines for the Assessment of General Damages in Personal Injury Cases” for solicitors and the Court to assist in the assessment of General Damages, which is used to determine the value of a personal injury claim.
A solicitor and the Court will also consider the level of past awards for similar injuries in determining how much compensation you should receive for your injuries and financial losses.
To summarise
If you have been injured in a slip, trip or fall accident whether at work or elsewhere, and:
- the accident occurred in the past 3 years;
- it was caused by the negligence of someone or an organisation;
- it was not your fault;
- You have evidence of the accident
you may be eligible to make a claim for compensation even.
We specialise in personal injury law, enabling us to offer a high level of service and expertise to our clients as we handle each case individually and with care.
If you need assistance contact us at [email protected] or call 0330 – 332 – 4844 for a no-obligation discussion and expert legal advice.