How To Prove Fault In Slip And Fall Claims

By Stephen Hudson. Last Updated 14th October 2024. 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 how to prove liability in a slip and fall case.

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:

1. The Criteria For Slip And Fall Claims
2. How Can Slip And Falls Happen?
3. How To Prove Liability In A Slip And Fall Case?
4. What To Do If You Slip And Fall
5. What Can Personal Injury Compensation Payouts Include?
6. Compensation Payouts In Slip And Fall Claims
7. What Is A No Win No Fee Agreement?
8. Start Your Personal Injury Claim Today
9. Learn More About Slip And Fall Claims

The Criteria For 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.

How Can Slip And Falls Happen?

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.

How To Prove Liability In A Slip And Fall 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.

What To Do If You Slip And Fall

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.

What Can Personal Injury Compensation Payouts Include?

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):
  • Loss of earnings
  • Loss of future income
  • Care or nursing costs
  • Travel expenses
  • Medical fees
• 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.

Compensation Payouts In Slip And Fall Claims

Compensation for slip and fall cases can include general damages and special damages. General damages provide compensation for the injuries you’ve suffered in a slip and fall and how they’ve impacted on the quality of your life.

Those who value a injury claim, such as a slip and fall injury lawyer, may check the Judicial College Guidelines (JCG) for reference. This document features guideline compensation brackets for many different injuries. You can view some of the entries from the JCG in the table below for guidance purposes. Take note that the first entry in this table isn’t from the JCG.

Your slip and fall claim may additionally include special damages. This covers the financial losses that the accident has caused you. Examples may include:

• Loss of earnings related to taking unpaid time off work.
• Prescriptions or mobility aids you’ve invested in to support your recovery.
• Travel costs, such as taxi fares or train tickets, spent towards attending medical appointments.

To claim special damages as part of your compensation, you’ll need to provide certain documents as proof, such as bank statements or wage slips.

To learn more about compensation amounts or how to prove liability in a slip and fall case, get in touch with our advisors today.

What Is A No Win No Fee Agreement?

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.

Learn More About Slip And Fall Claims

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
• Personal Injury Claim Interim Payments
• Success Fee Calculations In Personal Injury Claims
• Chopping Or Slicing Injury Claims
• HAVS Compensation Claims
• Claiming For A Whiplash Injury With Pre-Existing Condition
• Accidents at Home Injury Claims Guide
• Personal Injury Claims In Scotland Calculator
• Lung Disease Compensation Claims
• Paisley Personal Injury Solicitors
• Get help making council and local authority claims with our helpful guide.

Thanks for reading our guide on how to prove liability in a slip and fall case.