PERSONAL INJURY
TRIPPING AND SLIPPING
Highway Trips
If you suffer injury as the result of tripping over on an uneven or damaged area of road or paving you may be able to bring a claim for compensation.
What is the Highway?
This is simply a term which covers both pedestrian pavements and roads.
Your claim will almost always be against the local authority which has responsibility for the area where you tripped. The relevant law states that local authorities have a duty to ensure that the highway is maintained in a reasonably safe condition.
The law does not specifically define safe or unsafe. In order to succeed in a claim that the highway was unsafe, however, you would usually have to satisfy the following:
1. Was the condition of the highway so bad that it was foreseeable that it could cause an accident?
2. Was the defect at least one inch deep? This is very important. If you tripped on an uneven or broken paving stone the difference in level must generally be at least one inch. Likewise, if you fell due to a pothole, this must be at least one inch deep
There may be. The Council will have a legal defence if they can show that they regularly inspect the highway and that at the last inspection there were no visible defects. In many cases, however, the Council will not be able to do this and will simply admit liability.
You can still bring a claim. Utilities companies such as the water, electric and gas companies are responsible for the upkeep of their manhole or access covers. If a cover is missing or damaged or the surface immediately around it is in poor repair you may well have a strong claim.
In those cases, we would initially address the claim to the local council. They would then inform us of the owners of the cover and we would re-address the claim accordingly.
Where the Council or one of the utilities companies undertakes excavation work or repairs they must reinstate the highway to a good condition. If you trip on an area where shoddy work has been carried out you are likely to have a good claim against the organisation responsible for the work.
You should take photographs of the cause of your accident as soon as possible. This is very important.
If you delay doing this, the area may be repaired and you will have missed the opportunity to obtain this vital evidence.
The photographs should show the area of highway that caused your trip. It is particularly helpful if you can place a ruler (or a 50p coin) against the uneven area in order to show that it is at least one inch.
Trips or slips on private property
If you trip or slip on private property (such as a shop, station, hotel etc) you can bring a claim against the owner/occupier of that property.
The relevant law states that owners/occupiers of property must take care to ensure that visitors are reasonably safe while using the premises. A visitor is anyone who is rightfully using the premises. The owner/occupier must avoid allowing any hazards which might endanger visitors.
The most common are where people slip on wet floors or spillages. These accidents are especially common in shops where spillages have occurred and have not been cleaned up.
You may also have a claim where a floor is wet (either through cleaning or from leaks or rainwater) and the hazard presented by this has not been adequately dealt with. Where a floor is wet, warning notices should be in place alerting visitors to the danger.
Areas used by the public should also be clear of potential tripping hazards. If you trip over any items or debris which have been left in areas where people might be expected to walk, it is possible that you will have a valid claim.
Please contact our personal injury department at either of our offices in Harrow (020 8427 6262) or Rickmansworth (01923 776211)
We will be happy to arrange a free interview in order to advise you on your potential claim.
