Slips, trips and falls can happen at any time. They may occur at work, out and about, on the street or in a shop, supermarket or restaurant. Wherever the accident, someone is maybe responsible for any injuries sustained.
For example: if you slipped at work due to water being on the floor, then your employer may be sued because the place of work is unsafe; if you tripped over a pavement stone, the Local Council may be met with a claim because they failed in their legal duty to maintain the walkway; if you fell in a supermarket because yoghurt was left on the floor, you maybe able to take action as the supermarket has a legal duty to ensure all customers visiting their premises are safe.
There is a duty of care which rests with the local authorities to ensure that all pavements and public highways allow safe use by members of the public, as laid down by the Highways Act 1980. Similarly, public and private organisations and landowners have a duty. Under the Health & Safety at Work Regulations 1992 and or the occupiers Liability Act 1957 to ensure the safety of others.
At the start of any claim you need get evidence of the defect or hazard, ideally in the form of a photograph as soon as possible after the accident occured.
Highway tripping accidents must meet certain criteria for a claim to succeed, most importantly that the defect measures at least one inch in depth, however, the size of the defect alone is not enough to prove that an accident occurred.
Often, supporting evidence from a witness is useful and it is imperative that treatment be sought as soon as possible.
Once a significant defect has been shown, the next step is to pursue a claim under the Highways Act 1980 or other appropriate legislation. Even with this, local authorities have a defence under Section 58 of the Highways Act 1980. If the local authority can prove that they have in place a safe system of inspection for the area. We can advise you with regards to this.
It’s easy to check if you have a claim and there’s no obligation. All you need to do is complete the form below and click “submit” and we will contact you to discuss your issue in detail.