Tripping and slipping accident claims are quite common as members of the public trip and fall on various substances on a regular basis. In order to make a successful claim the claimant has to prove that someone else was legally responsible for the accident occurring. If the accident occurred in someone else’s premises the occupier of the property could be held liable for not keeping the premises in reasonable condition. The main question normally asked is ‘what is a reasonable condition?’ The notion of ‘reasonableness’ will depend on a number of factors. In order to escape liability, the defendant will have to invoke statutory defence, by proving in 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.
Personal injury claims that are made due to tripping and falling in a public place may well succeed if it can be proven that it was caused by the condition of the location.
Accidents in 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.
For the claimant to succeed, it will have to be demonstrated that the part of the road where the accident occurred was not reasonably safe, and that it was the serious defect in the road which caused the accident. This is where the notion of ‘reasonable condition’ comes into place. In some cases it is difficult to establish what is ‘reasonable’ as there may be many factors involved.
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.
Important points to consider
* Make a note of exactly where the accident happened
* Write down any relevant names, addresses, and telephone numbers of witnesses
* Seek medical attention from a doctor for any injuries suffered no matter how insignificant
* Contact the relevant authority detailing the defect/accident
* Take photographs as soon as possible of the scene of the accident. Photographs of the clothes and shoes should be taken instantly following the accident
* Any physical injuries should also be photographed
Ayesha Salim , editor of the UK Lawyers Network, writes articles about accident claims, Lawyer, slip accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
