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Slip and trip accident claims on private property
Specialists in accidents on private property
Clear Answers’ expert personal injury lawyers have considerable experience in dealing with slip, trip and fall accidents, especially those which happen on private property. Each year we deal with hundreds of accident claims where people have slipped on wet floors, tripped over uneven paving slabs, or fallen because of badly maintained roads, stairs or walking areas. We have a proven track record for securing the rightful compensation for people injured in accidents involving slips, trips, or falls, with thousands of satisfied clients.
For more information on how Clear Answers’ personal injury lawyers can help you, please contact us on 0800 783 9019, or complete one of our online compensation claim forms and one of our representatives will contact you as soon as possible.
To read more about injury on private property and how Clear Answers can help you, please click on one of the section links below:
- Occupiers’ Liability Acts 1957 and 1984
- What defines private property?
- Who is an occupier?
- Slip, trip and fall accidents
- Making a claim for slip, trip and fall compensation
- What to do if you are involved in a slip, trip or fall accident
- Awarding damages for slips, trips and falls
- Time limits for slip, trip and fall accidents
- Slip, trip and fall accident news stories
- Slip, trip and fall accident compensation claims
Occupiers’ Liability Acts 1957 and 1984
The Occupiers' Liability Act 1957 covers the duty of care owed to lawful visitors to private property and states:
“The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited or permitted by the occupier to be there …”
In other words, the occupier must assess whether it is reasonable to foresee that a visitor would become injured due to the occupier’s negligence, and remove or minimise such risks.
Warning signs should be displayed where unavoidable hazards occur, but should be specific and draw attention to the location and nature of the risk. It is not sufficient to display notices of ‘DANGEROUS’ or ‘BEWARE’. If the danger is related, for example, to an uneven floor, the sign should state that the floor is uneven.
Similarly, if the danger is related to slippery floors, resulting from a spillage of some kind, the sign should be erected as quickly as possible to prevent accidents until the spill can be cleared up. In the event of an accident, and compensation being sought, it would be the occupier's responsibility to demonstrate that a robust procedure was in place for handling such spillages and that it could not be reasonably foreseen that an accident would occur.
The Act also states that it is a reasonable assumption that children will be less careful than adults will, and the potential risks will therefore be greater. Extra consideration should therefore be given by the occupier to the possible dangers to children. If the occupier is aware for example that children are frequently trespassing on to private property and are perhaps attracted to some hazardous property feature, trap or other allurement, a duty of care may arise.
The Occupiers' Liability Act 1984 extends the legal duties of the occupier to persons other than lawful or authorised visitors. Occupiers may be liable to persons other than their visitors if the occupier is aware or ought to have known of a danger on their property and that such other persons may fall victim to that danger and sustain injury.
Therefore, liability may arise on the part of the occupier whether or not there is lawful authority for the victim to be there on the occupier's property. The occupier has to act reasonably to protect any person that may come on to the occupier's property if they are aware that this is happening and that there is a danger present.
If you or a member of your family has suffered an accident on private property, you may be able to claim accident compensation from the owner or occupier of those premises, under the rules of the Occupiers’ Liability Act.
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What defines private property?
The list of premises which are governed by the Occupiers’ Liability Act is varied, but as well as the obvious ones such as shops, car parks, warehouses, buildings, and even private dwellings, it also covers scaffolding, docksides, ships, aircraft and many other forms of fixed or moveable structures. The Act also applies to injuries on owner-occupier land.
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Who is an occupier?
Because the type of private property is so varied, so too is the list of types of occupiers. They may be a local authority, a company as in the case of a store or car park, or even an individual in the event of an accident in someone’s home. A tenant under a lease can be an occupier but the landlord may also still retain some responsibility for the safety of the structure or fittings within the premises under the terms of the lease.
If you have been injured on private property, such as a slipping injury in a supermarket, or a tripping accident in a store, contact Clear Answers for private property accident claim advice and whether your claim for compensation can be brought under the Occupiers’ Liability Act.
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Slip, trip and fall accidents
One of the most common types of personal injury claims, slipping accidents or tripping accidents can occur through a wide variety of causes, particularly spillages that have not been promptly or adequately cleaned up. Other examples of tripping accidents can occur through raised paving slabs, falling into potholes in areas not correctly maintained, or tripping over items left in the wrong place.
Any of these situations may cause a slipping or tripping accident, which may result in personal injury where the injured person would have a valid claim for compensation for an accident on private property, under the Occupiers’ Liability Act.
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Making a claim for slip, trip and fall compensation
If you have been injured in a slip, trip or fall accident on private property, please contact Clear Answers on 0800 783 9019 or complete one of our online compensation claim forms and we will be happy to provide expert private property accident claim advice. Our specialist personal injury solicitors will be pleased to advise whether you have a valid claim for slip, trip, or fall compensation under the rules of the Occupiers’ Liability Act, or any other legislation that might apply to the circumstances of your accident on private property.
Some horrific accidents can occur on private property and we have experience in dealing with these claims. Due to the high potential value of some cases and the complex law involved, claims are often taken to the highest courts, namely the House of Lords, and Clear Answers' personal injury solicitors have extensive experience in winning these complex cases at all levels.
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What to do if you are involved in a slip, trip or fall accident
As with all personal injury compensation claims, it is not sufficient that you have been injured in a slip, trip or fall accident, you must be able to prove that the accident happened because of negligence on the part of the occupier.
If you are unlucky enough to suffer an accident on private property, it is important to take photographic evidence if you are able to do so at the time. If you are not able to take them immediately after your accident, do so as soon after the accident as you can. If relevant, use a ruler to measure the depth or height of the obstacle or obstruction.
If possible, report your accident to the occupier either at the time of the accident or as soon after as you are able, and, if available, enter the details in the accident log. If there were any witnesses to your slip, trip or fall accident, take their names and home addresses.
If you need to seek medical treatment, keep receipts of any medication, travelling expenses, and if relevant the cost of the treatment itself.
Please visit our section on information and advice for more details on making a personal injury compensation claim.
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Awarding damages for slips, trips and falls
In deciding the amount of private property compensation to award you, the court will assess the severity of the injury caused by your slip, trip or fall, the levels of pain and distress it caused you, the chances of a full recovery and the cost of any medical treatment. This compensation is known as general damages.
The courts will also make a separate award, known as special damages, to cover loss of earnings and out of pocket expenses you may have incurred as a result of your private property accident. In order for your claim to succeed, you must be able to prove that a third party was at fault.
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Time limits for slip, trip and fall accidents
As with all personal injury compensation claims, there is a strict time limit for pursuing a claim for your injuries. A claim for slip, trip and fall compensation must be started within three years of your accident, or within three years of you becoming aware that you have been injured as a result of the private property accident.
If you are unsure whether you have a valid claim, contact Clear Answers’ specialist personal injury lawyers who will be happy to advise you whether you are within the three-year limit, and whether you have a valid accident compensation claim.
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Slip, trip and fall accident news stories
Clear Answers slip, trip and fall accident solicitors deal with a large number of these types of cases each year. Details of some of these personal injury compensation claims can be found in our personal injury news section, which is updated regularly.
Below is just a small sample of news items which may be of interest including a recent successful accident claim.
Slipping accidents soar during icy conditions
During the recent lengthy and treacherous conditions of snow and ice across the UK, hospital reports indicated that A&E admissions for injuries due to snow-related accidents were up significantly and on average amounted to 23% of their total admissions, according to the Nursing Times.
At the same time, some of the media was reporting that businesses would be unwise to clear the snow from areas outside their property boundaries, since accidents that subsequently occurred on those cleared areas could result in claims against them for accident compensation.
More about Slipping accidents soar during icy condition
Accident compensation for shopper who slipped on wet floor tiles
When a shopping trip ended with our client suffering personal injury, she asked for our accident claim advice in making a claim for slip, trip or fall compensation. She slipped and fell on wet tiles and although the defendant eventually admitted liability for the accident, our specialist slip, trip and fall lawyers had to fight hard to win the compensation to which she was entitled.
The defendant admitted being in breach of the the Occupiers Liability Act 1957, and we were eventually able to secure over £14,000 in accident compensation for our client’s injuries and ongoing discomfort.
More about Accident compensation for shopper
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Slip, trip and fall accident compensation claims
If you do have a valid personal injury compensation claim and you decide to instruct Clear Answers to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for yourself. You will receive 100% of your compensation. Telephone us now on 0800 783 9019 or complete one of our online compensation claim forms, and a representative will contact you as soon as possible.
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