Slips, trips and falls

Defective pavement

An accident which occurs because of a slip or a trip can often seem the simplest of accidents. But the resulting injuries can in some cases be serious, causing a very significant impact on the injured person’s life and lifestyle. If you have been injured as a result of a slip, trip or fall in the last three years, anywhere in Scotland, you may be entitled to compensation.

There are many different situations in which a slip, trip or fall could occur resulting in injury and a possible claim for compensation.

Slips, trips and falls while at work

As with all claims for personal injury compensation, to succeed it needs to be established that the cause of the accident was due to the fault and negligence of another party – an individual, company or organisation. Where the accident occurred at work, there are specific regulations that underpin the duty an employer has to take reasonable care for your safety at work.

An employer has a duty of care in relation to:

The suitability of a floor surface for its use
Keeping floors free from a spillage or other substance likely to cause a fall
Taking reasonable care to ensure that floors are kept free from any item or obstruction likely to cause a fall
Organising the workplace in such a way that there are clearly designated walkways where necessary
Making sure there is proper lighting in the workplace
Making sure any temporary hazards that cannot be cleared are clearly marked

Other slip, trip or fall claims

If you have suffered an injury due to a slip, trip or fall which did not occur at your work, then there could still be a basis for making a compensation claim.

Trips due to potholes in road

Potholes in a road of course can present a danger to cyclists and drivers but they also can create a risk of tripping to a pedestrian crossing the road. If you have suffered such a fall, you may be entitled to make a compensation claim.

As with all claims, it is necessary to establish fault for the occurrence of the accident and that can be a complex issue in certain cases. One very helpful piece of information we would require would be photographs of the pothole or defect.

Slips and trips due to uneven paving

Uneven, broken or loose paving stones or slabs are common causes of accidents. Like other types of accident claim, it is necessary to establish fault against another party for the condition of the ground. Where the accident occurred on a public road or path, the responsibility often lies with the local council. In private car parks, such as a retail park, responsibility will most likely rest with the owner of the retail park. Not every surface blemish will suggest fault. Often, an important factor will be the size of the defect. Photographs are particularly helpful.

Falls due to ice

A slip on ice can happen particularly quickly. It can often result in a significant injury. To assess whether it is possible to establish fault against another party for the condition of the ground can be a complex matter.

If you are interested in making a compensation claim for a slip, trip of fall, please get in touch with us today for a confidential discussion.

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