Is It Hard To Win A Tripping And Slipping Claim?

Tripping and slipping injuries typically happen either on a pavement or road but also in any area that is open to the public- it is always worth checking if somebody may be responsible when you have had a trip or a slip.

Anybody reading a paper could be forgiven for thinking that just walking down a street and falling over entitles you to compensation.

The reality is far from this. The fact is that trips on the on roadways and pavements are amongst the hardest to obtain compensation for.

Generally speaking Local Authorities are who are normally responsible for the highways have a defence to a tripping claim if they can show that they had a reasonable system of inspection and maintenance of the highway and that they implemented this competently and efficiently

This means that a Claimant has to be advised as soon as possible after the accident on the prospects of success for their claim and also what they need to do to try and ensure that they get as much evidence in support as quickly as possible.

This could include

Getting witness evidence about how long the defect had been present

Getting photographs of the defect immediately after the accident

Finding information about any other accidents at the same location

The Local Authority responsible for the area that the accident occurred will in most cases provide detailed and complex evidence about their system of inspection, guidelines and memoranda, previous trips in the same location, records of inspections of various types- all of which needs to be carefully evaluated by the Claimants Solicitor to determine if the alleged defence is valid or not. This is not an easy task and does need a high degree of expertise and experience.

No member of the public who seriously intends to bring a claim against a local authority for an accident on a highway should attempt to do so without the advice of a qualified and experienced solicitor

Other Tripping and Slipping Claims Trips and slips can of course happen in places well away from the pavement and roadway. In the experience of O'Neill Injury Solicitors these can happen particularly in

Pubs or nightclubs

Supermarkets

Workplaces

Stairways

Public Steps

Restaurants or takeaways.

In each of these situations there are separate rules and laws that may effect whether or not you are likely to be successful in your claim and early advice is critical to determine what type of evidence you may need to prove your case and also what prospects of success you have in being successful.

These types of case are therefore very common but in very varied circumstances all of which require separate and detailed consideration.

As there are strict time limits for bringing a claim if you have had an accident within the last three years in any public or private location which involves slipping or tripping or any other obstacle you should contact an independent qualified and regulated Solicitor immediately- not a call centre operator or representative of an insurer.

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