How To Prove Fault In Slip And Fall Claims
By Jo Greenwood. Last updated 8th June 2023. If you’ve fallen over and injured yourself through no fault of your own, you could make a personal injury claim for compensation. In this guide, we look at proving fault in slip and fall claims.
One of the most common types of accidents, slips, trips and falls can lead to serious injuries. What’s more, many of these accidents can be easily avoided if the correct measures are followed.
If you’d like to make a claim for injuries caused by a slip and fall, we can help. Our No Win No Fee solicitors have helped thousands of clients over the years recover the compensation they deserve.
You can take advantage of a free case check and get advice on your legal options. All you need to do is get in touch, which you can do so by:
- Calling 0800 073 8804
- Speaking with us now via our live chat box
- Or write to us about your claim online
Select a Section:
- The Criteria For Slip And Fall Claims
- How Can Slip And Falls Happen?
- How To Prove A Slip And Fall Claim
- What To Do If You Slip And Fall
- What Can Personal Injury Compensation Payouts Include?
- Compensation Payouts In Slip And Fall Claims
- What Is A No Win No Fee Agreement?
- Start Your Personal Injury Claim Today
- Learn More About Slip And Fall Claims
If you have been injured in a slip, trip and fall accident, you may be eligible to make a personal injury claim. However, you would need to prove that you suffered your injuries due to a relevant third party breaching their duty of care. Together, this is known as negligence.
You are owed a duty of care in various situations. For example, your employer owes you a duty of care, as stated in the Health and Safety at Work etc. Act 1974. Per their duty of care, they must take reasonable steps to ensure your safety while in the workplace and performing work-related duties.
The Occupiers’ Liability Act 1957 states that anyone in control of public space owes a duty of care. Per this duty, they must take all the necessary steps to ensure your reasonable safety while using that space for its intended purposes.
If you can prove that negligence occurred, you could be eligible to make a personal injury claim.
For more information regarding slip and fall claims or to receive free advice for your potential claim, you can contact our advisors.
Time Limits In Slip And Fall Claims
If you aren’t already familiar with the time limits that apply to slip and fall claims, this section will give you all the basic facts that you need to know. It’s incredibly important that you heed the relevant time limit to your case, as if you try to make a claim once it’s expired, you could risk no longer being eligible to claim compensation.
In general, there is a 3-year time limit that applies to all personal injury claims. These time limits usually come into effect either on the date that you sustain your injuries, meaning the date of your slip and fall incident or the date that you realised you suffered as a result of the incident, also referred to as the date of knowledge.
However, there are some cases where this time limit can be extended or frozen altogether. One example of this is if a child under the age of 18 has grounds to make a claim but isn’t of legal age to do seek compensation. In such cases, the time limit is frozen until they come of age. Alternatively, a litigation friend could claim on their behalf, at which point they would have to abide by the 3-year time limit.
There are various ways that you could be injured in a slip and fall accident. Some examples include:
- If there is a spillage on the floor, that has not been cleaned or clearly signposted with a ‘wet floor’ sign, you could slip on this spillage and suffer an ankle injury.
- If your employer fails to ensure there is adequate lighting in a stairwell at your workplace, you could fall down the stairs due to being unable to see properly. In this instance, you may suffer a back injury.
- Some cable wires were not properly secured down or tidied away on your work floor. You trip over these wires and suffer a foot injury.
However, in order for your personal injury claim to be valid, you need to prove that negligence occurred.
For more information about slip and fall claims, you can contact our advisors. They can also inform you whether you may have a valid case.
The main concern when attempting to prove liability is in proving fault some way. There are a number of simple ways that this can be done in cases where the liability of the building owner is a fairly clear-cut case, such as:
- If the building operator or one of their staff knew about the risk that caused your slip, trip or fall, and had failed to mark it as a hazard.
- If the building operator or one of their staff knew about the risk that caused your slip, trip or fall, and had failed to have it repaired within a reasonable timescale.
- If the building operator or one of their staff were the actual cases of the risk, for example, spilling water or oil on a floor.
Legal Expert can help you to prove liability if you give us a quick call on the number down at the bottom of this guide.
There are a number of things that you can do to give yourself the best chance possible of winning a compensation claim for a slip, trip or fall accident, and these are:
- Take photographs or video footage of the cause of the accident, for example, if you slipped on a damaged floor, photograph the damage and the place that slipped.
- Gather witness contact details so that if you need to call on their testimony at a later stage, you can do so.
- Make sure that your accident has been recorded in the company accident book.
- Have your injuries treated at a hospital, so that there is a record of the injury and how it happened.
Legal Expert can help you to maximise your chances of winning your claim. Call us at the phone number at the bottom of this guide to find out how we can do this.
When you have been able to prove a slip and fall case, and have a valid slipping accident claim, your solicitor will be able to advise you on the types of damages you could seek. These could include, but are not limited to:
- Special damages (financial loss):
- General damages (physical hardship):
- Permanent disabilities
- Long-term suffering
- Psychological injuries
- Pain and suffering
For a proper indication of the types of damages you can claim, contact Legal Expert on the number below.
Should your personal injury claim for a slip and fall be successful, you will be awarded general damages. This compensates you for the pain and suffering your injuries have caused you.
When valuing this head of claim, legal professionals may refer to the Judicial College Guidelines (JCG). This document lists guideline compensation brackets for various injuries. We have listed some of the amounts in the 16th edition of the JCG in the table below.
Please only use this table as a guide.
|What injury?||Was it bad?||Injury info||How much?|
|Pelvic or hip injury||Moderate||Where there is no major permanent disability and a low future risk.||£26,590 to £39,170|
|Forearm||Simple fracture||No outstanding features||£6,610 to £19,200|
|Elbow||Less severe||Functional impairment but no significant disability or major surgery.||£15,650 to £32,010|
|Wrist||Colles' Fracture||No outstanding features||In the region of £7,430|
|Fingers||Severe fractures||May lead to partial amputation and have an impact on grip.||Up to £36,740|
|Hand||Moderate||Deep cuts, crush injuries and soft tissue injuries.||£5,720 to £13,280|
|Femur||Simple femur fracture||No articular surface damage.||£9,110 to £14,080|
|Ankle||Moderate||Fractures and torn ligaments leading to some lasting impact, such as difficulty walking on uneven ground.||£13,740 to £26,590|
|Foot||Moderate||Metatarsal fractures that are displaced, with possible risk of osteoarthritis.||£13,740 to £24,990|
You may also be awarded special damages as part of your slip and fall settlement. This head of claim compensates for the financial loss you’ve experienced because of your injuries. Examples of losses that you could be compensated for under special damages include:
- Loss of earnings.
- Medical costs.
- Travel expenses.
You will need to prove that these losses were incurred as a direct result of your injuries. Bank statements, invoices and payslips could help with this.
If you would like to learn more about slip and fall claims, you can contact our advisors. They could also provide you with free advice for your potential claim.
As long as you are starting your claim within the personal injury claims time limit of three years, the No Win No Fee claims service is the perfect, simple way to claim compensation for a slip, trip or fall accident.
We don’t charge to start your claim, and we don’t charge any ongoing costs even if it takes months to finalise your claim. If we fail to win your claim, you pay absolutely nothing. The only time we will ask that you pay our fees is when you actually receive a payment for compensation. Call Legal Expert on the number below to learn more about our national claims service.
Do you need to find a personal injury lawyer to help you prove liability in a slip, trip or fall claims case? If so, call Legal Expert today on 0800 073 8804. We will take a little time learning about your claim, and then advise you on what you need to do next.
Below, you can find more useful information on slip and fall claims.
- A guide to slip, trip and fall claims – At the link we have added below, you will find a full guide to making slip, trip and fall caused by ice or snow accident claims:
- A guide to ice and snow slip, trip and fall claims – if you’ve slipped over on ice and snow, you can learn about your legal rights here
- H&SE information on public safety – here you can find information from the Health & Safety Executive regarding protecting public safety
- If you have any questions about personal injury claims, check out our FAQs page here which contains lots of answers
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Thanks for reading our guide on how to prove liability in slip and fall claims.