How to Prove Liability and Injuries in A Slip and Fall Case?
Do I Have A Valid Slipping Accident Claim?
By Olivia Fitzpatrick. Last updated 12th August 2021. On this page, you will find advice and information on how to prove liability in a slip and fall case so that you can make a personal injury claims case. You will find all of the information you need to learn how to prove liability for the accident that caused your injury, and also the claims process that a solicitor will follow on your behalf.
If you would prefer to skip this entire guide, you can call Legal Expert on 0800 073 8804 right now, and we will impart this information to you verbally, in simple to understand English, not Legalese.
If you aren’t already familiar with the time limits that apply to personal injury 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.
Select a Section:
- A Guide To Proving A Slip And Fall Case
- What Are Slip And Fall Accidents And Injuries
- Could The Owner Of The Property Have Prevented My Accident?
- What Duty Of Care Does A Property Owner Owe People?
- Establishing Liability And Proving A Slip Trip Accident
- Reasonableness And Clumsiness
- Proving Your Injuries Happened And Were Caused By The Accident?
- What Should You Do If You Need To Prove A Slip, Trip Accident Happened?
- What Can I Claim After Proving Fault In A Slip And Fall Accident
- Slip And Fall Compensation Calculator
- No Win No Fee Slip And Fall Cases
- How We Can Help You Prove And Make A Slip And Fall Casev
- Talk To Legal Expert And Start Your Claim Today
- Helpful Links
A Guide To Proving A Slip And Fall Case
Welcome to our guide on how to prove liability in a slip and fall case.
Rather than providing a compensation calculator tool, we have presented a table with compensation brackets from the Judicial College Guidelines that you might expect to receive in compensation for your personal injury claim.
This guide will equip you with the knowledge that you need to be able to prove that your slip, trip or fall accident was caused by a third party. It also covers the actual legal process that a solicitor will follow once you have engaged them to make a compensation claim for you. Other information covered includes a look at what slip, trips and fall accident are as well as how they are caused, and the most common injuries caused by them. The guide then moves on to explain how you can prove liability for your accident, including the kinds of evidence you can submit to support your claim. We explain the national claims service Legal Expert offers to all UK residents, and how the Conditional Fee Agreement (CFA) this service operates under in full.
Once you have finished with reading this guide, either in its entirety or just the parts you feel were most relevant to you personally, you probably have a list of extra questions. To have the answered, simply call Legal Expert on the telephone number down in the final section of this guide.
What Are Slip And Fall Accidents And Injuries
To start answering the question, I slipped and fell at work what should I do? before you start to claim trip or fall compensation, you need to understand how these accidents come about, and the common injuries they cause so that you can judge your claim and its worth.
Typical ways that slip, trips and falls can happen are:
- Falls – situations such as badly lit stairways or faulty handrails could cause a person to fall down a set of stairs.
- Trips – any damaged floor surface can cause a trip. Inside and out. Outside, broken paving slabs or badly laid curb stones could cause a trip. Inside, torn or frayed carpets or warped wooden floors could cause a trip.
- Slips – any wet or dirty floor that has not been clearly marked with a wet floor sign could cause a person to slip and hurt themselves.
Typical injuries caused by a slip, trip or fall are:
- Sprains of the wrist, lower arms, upper arms, shoulder, ankle, and lower leg.
- Minor fractures of the wrist, ankle or hands.
- Minor concussion due to hitting the head on the floor when falling.
- Broken hips, pelvis or other large bones of the lower body, especially common in elderly people.
- Psychological injuries caused by the shock of the accident and also the pain of the treatment of the injury.
These are just partial lists. There are many more ways a slip, trip or fall can happen and many more injuries that the accident can case. Call Legal Expert and explain your own case on the number at the bottom of this guide so we can begin to claim for you today.
Could The Owner Of The Property Have Prevented My Accident?
Take a look at the graph above; it can be seen that most companies are aware of the risks of slip, trip and fall accidents and are taking steps to mitigate these risks in some way. However, despite this fact, slips, trips and falls are still the most common of all accidents in the UK each year. If you need to claim for slipping on wet floor, or for pavement trip compensation, then you are going to need to prove that the owner of the building or land that you had an accident upon was actually the legal entity that caused the accident in some way.
The owner of any building or plot of land that allows public access, or is used as a place of work for employees must conform fully with the Occupiers Liability Acts 1957 and 1984. This legislation clearly states that the owner must maintain a safe, healthy environment at all times. If the owner has failed to comply with these regulations, and this led directly to causing the slip, trip or fall accident you were injured by, then they will be liable to pay compensation.
If you need help proving that a building owner has failed to comply with the Occupiers Liability Acts 1957 and 1984, Legal Expert can assist you. Call us on the telephone number down at the bottom of this guide to find out how.
What Duty Of Care Does A Property Owner Owe People?
To answer the question, can I claim compensation for a fall? it will depend on whether the owner of the building you took a spill in, is liable or not. Every building owner has a duty of care towards members of the public and their employees, to take all reasonable actions possible to maintain a safe environment. If the owner fails in this duty of care, and you can provide evidence that proves this, then you should be able to claim compensation for your slip, trip or fall accident.
Legal Expert can help you to prove that your slip, trip or fall was caused by the owner of the building not fulfilling their duty of care. Call us on the telephone number at the bottom of this page to find out how.
Establishing Liability And Proving A Slip Trip Accident
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.
Reasonableness And Clumsiness
If you were injured by slip trip or fall, then part of the slip and trip claim process is proving liability and that you are eligible to make a claim. Above, we covered the building owner’s duty of care. However, there are two other considerations; reasonableness (how much a building owner can be expected to do) and clumsiness (the ways you may have contributed to causing the accident).
Issues that could be seen to affect reasonableness include:
- How long had the hazard been active before your accident? If it had been a matter of minutes, then the building owner may not have had time to even notice the risk. If it had been quite some time, then a claim could be made.
- Does the owner inspect the premises? If they do, why wasn’t the hazard found? Can the owner prove that inspections were carried out?
- Was there a legitimate reason for the thing you tripped over to be in the place that it was? If there was, then making a claim may not be possible.
When it comes to clumsiness, considerations such as these below come into play:
- Did you have a proper reason for being in the building? If not, then you may not be able to claim.
- Would another person, exercising reasonable caution, have fallen foul of the same accident? Or were you partially to blame for not being vigilant?
- Had the building owner marked the risk as a hazard or erected some form of barrier which you ignored?
- Were you doing anything that could have increased the possibility of you having a slip, trip or fall accident? Such as running, or looking at your smartphone?
Proving Your Injuries Happened And Were Caused By The Accident?
Part of the answer to the question, how to win a slip and fall settlement? is proving fault in a slip and fall accident. Above we have discussed a number of methods that can be used to prove that the building owner is liable for your accident.
However, a further consideration is proving that your actual injuries were caused by the accident in question. In order to do this, you may need to get an expert medical opinion that can be submitted in support of your claim.
What Should You Do If You Need To Prove A Slip, Trip Accident Happened?
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.
What Can I Claim After Proving Fault In A Slip And Fall Accident
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
Slip And Fall Compensation Calculator
We have not provided a slip and fall compensation calculator. Instead, we have provided this table of slip and fall compensation amounts that we have historically seen paid:
Updated August 2021.
|What injury?||Was it bad?||Injury info||How much?|
|Back||Severe||Most severe injuries, including damage to spinal cord.||£85,470 to £151,070|
|PTSD||Severe||These will be very long-term symptoms of post-traumatic stress disorder that affect the patient’s quality of life badly.||£56,180 to £94,470|
|PTSD||Moderate to severe||These will be long-term symptoms of post-traumatic stress disorder that affect the patient’s quality of life badly.||£21,730 to £56,180|
|PTSD||Moderate||These will be medium-term symptoms of post-traumatic stress disorder that affect the patient’s quality of life badly.||£7,680 to £21,730|
|PTSD||Less severe||These will be short-term symptoms of post-traumatic stress disorder that affect the patient’s quality of life badly.||£3,710 to £7,680|
|Psychiatric injuries||Severe||These will be very long-term symptoms such as phobias (new), anxiety and depression that will have a large negative effect on the patient’s life.||£51,460 to £108,620|
|Psychiatric injuries||Moderately severe||These will be long-term symptoms such as phobias (new), anxiety and depression that will have a large negative effect on the patient’s life.||£17,900 to £51,460|
|Psychiatric injuries||Moderate||These will be medium-term symptoms such as phobias (new), anxiety and depression that will have a large negative effect on the patient’s life.||£5,500 to £17,900|
|Psychiatric injuries||Less severe||These will be short-term symptoms such as phobias (new), anxiety and depression that will have a large negative effect on the patient’s life.||£1,440 to £5,500|
No Win No Fee Slip And Fall Cases
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.
How We Can Help You Prove And Make A Slip And Fall Case
Legal Expert can provide you with a personal injury solicitor who is experienced in proving liability in slip, trip and fall accident claims. All of our legal team operates in a customer-centric way, putting your needs as a client first in everything they do.
We are always on hand to deal with any questions you have about the claims process, and also to keep you updated on everything we are doing on your behalf. We have a track record with thousands of happy clients and you too could become one of them. Call us on the number below to find out how we can help you.
Talk To Legal Expert And Start Your Claim Today
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.
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:
At this link we have included below, you will find basic information from the Health & Safety Executive regarding protecting public safety:
- 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
Thanks for reading our guide on how to prove liability in a slip and fall case.