Tripping and Slipping Accident Claims

T. Rees & Co in Bexleyheath have acted on behalf of many clients who have been injured as a result of tripping or slipping accidents.

Why do these accidents happen?

A slipping accident can occur as a result of a floor surface being inherently slippery because the floor surface material applied to the floor did not provide sufficient slip resistant for its intended use. Tiling around a swimming pool has to be designed to offer good slip resistance when wet as do floor surfaces that are subject to regular wetting such as floor tiles used in bathrooms or public toilets.

Has your employer failed you?

The employer has statutory duties to minimise the risk of tripping or slipping accidents occurring as set out in the sections on Construction Site Accidents and accidents at work.

A local authority has an obligation under section 42 of the Highways Act 1980 to maintain public pavements and roads. Where a claimant is injured as a result of a defective pavement or road they will have to prove that the pavement or road was in a dangerous condition and that was caused by a failure to repair or maintain it.

T. Rees & Co in Bexleyheath have the knowledge

The local authority will have a defence to a claim if the can show that the reasonable steps had been taken to ensure that the road or pavement wasn’t dangerous. The highway authority will try to do this by showing that the standard of maintenance was appropriate for the level of pedestrian or traffic use and it was in a state of repair which a reasonable person would have expected in those circumstances. A claimant will also need to show that the highway authority knew or should have known about the defect prior to the accident and the defect should have been repaired before the claimant was injured. The Local Authorities Association Code of Good Practice 1989, the Design Manual for Roads and Bridges 2001 and the Well Maintained Highways Code of Practice for Highways, Maintenance and Management 2005 provide guidelines as to how frequently pavements and roads should be inspected and also provide guidance as to how repairs should be carried out.

Were a tripping or slipping accident occurs in a public place not maintained by a highway authority ie, a supermarket , car park, private road or pathway, in a shop, office or other public place, the injured person has to establish that the owner or occupier was negligent or failed to comply with the Occupiers Liability Act 1957 which places an obligation on the owner or occupier to ensure that the accident scene was reasonably safe.

We can also recover compensation for the following:

• Damaged clothing and personal effects.
• Loss of earnings whether employed or self employed.
• Loss of bonuses, allowances & holiday entitlement
• Loss of overtime earnings.
• Loss of future earnings.
• Loss of pension.
• An award for handicap on the labour market where an injured person could find it more difficult to obtain alternative employment inf they were to lose their job.
• Medical treatment costs including medication, physiotherapy, osteopathy, private operation costs, chiropractic treatment costs and the cost of any disability equipment.
• Care awards for people who looked after an injured claimant.
• Loss of amenity for claimants who are unable to carry out or fully participate in pre-accident hobbies or sport.
• Compensation for the additional cost of holidays as a result of the claimant’s injuries.
• Compensation for loss of enjoyment of holidays or holiday cancellation costs.

Further relevant information about tripping and slipping accidents is included in the Legal Blogs Section relating to tripping accident compensation claims, care award claims and settlement offers in personal injury claims.