Advice On Slip, Trip And Fall Claims
By Cat Ways. Last updated 10th June 2024. Slips, trips and falls are some of the most common accidents and causes of injuries. If you’ve suffered harm through no fault of your own, you could make a personal injury claim for compensation.
The team here at Legal Expert is made up of specialist No Win No Fee solicitors with decades of experience in slip, trip and fall claims.
If you’d like to speak with us today about making a claim, you can take advantage of our free case check. In just a few minutes we can advise you of your legal options and how we can help you take action.
To speak with us, you can reach out 24 hours a day by:
- Calling 0800 073 8804
- Writing to us about your claim online
- Or speak with us now via our live chat box
To learn more about slip, trip and fall claims, you can browse through our comprehensive guide below:
Jump To A Section
- About Slips, Trips And Falls And How They Happen
- Can I Claim Compensation For A Slip, Trip And Fall?
- Who’s Responsible For My Fall?
- Important Evidence In Slip, Trip And Fall Claims
- Slips, Trips And Falls At Work
- Slip, Trip And Fall Accidents In Public Places
- Average Compensation Payouts In Slip, Trip And Fall Claims
- Make A Claim With Legal Expert’s No Win No Fee Solicitors
About Slips, Trips And Falls And How They Happen
Slips, trips and falls are quite simply accidents in which you lose your balance and land on the ground, usually causing an injury.
They can happen in lots of different ways, but some of the most common causes include:
- A pothole may cause you to trip and fall.
- Uneven pavements can also lead to tripping accidents.
- Broken flooring, such as broken tiles or ripped carpet.
- Slipping on a wet floor without signage or another indication that it is wet.
- Icy surfaces that have not been cleared or gritted.
- Cluttered walkways or other poor housekeeping, such as trailing wires.
- Poor lighting.
- Falling down the stairs due to bad lighting, defective steps or hand railings.
This list isn’t exhaustive so if you don’t see your circumstances, don’t worry. Let’s take a look at the criteria for making a slip, trip and fall claim.
Can I Claim Compensation For A Slip, Trip And Fall?
To claim slip, trip or fall compensation, you need to be able to prove that negligence occurred. For the purposes of a personal injury claim, negligence occurs when:
- You are owed a duty of care.
- This is breached.
- As a result, you are injured.
This means that slipping and falling, while unfortunate, isn’t enough to make a claim. First, you need to prove that you were owed a duty of care. This means that someone else was responsible for your health and safety.
While you’re at work, your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). Under this legislation, your employer needs to make sure that they take all reasonably practicable steps to keep you safe while working.
This might include taking risk assessments, making sure that walkways are clear of clutter, and making sure that stairwells are adequately lit.
When you’re in public, the person in control of that space owes you a duty of care under the Occupiers’ Liability Act 1957 (OLA). This legislation states that they must ensure that visitors are reasonably safe while on the premises.
This might include things like putting out a wet floor sign after an employee has mopped, or fixing broken paving stones.
To learn more about slip and fall claims, keep reading. Or, contact our team of helpful advisors to get started.
How Long Do I Have To Claim For A Fall?
Personal injury claims must be filed before the time limit expires.
This is generally 3 years from the date of the accident as set by the Limitation Act 1980. However, there are some exceptions to this which we explain below.
- Those who lack the mental capacity to make their own slip, trip and fall claim. For these parties, the limitation period is suspended for as long as they are unable to initiate legal proceedings. However, if they regain the capacity to claim and one was not made by a litigation friend on their behalf, they will have 3 years from the date they recovered the capacity to begin the process.
- Children under the age of 18 also cannot start their own personal injury claim. In these cases, the limitation period is frozen until their 18th birthday. Once they turn 18, they will have 3 years to file their claim for injuries suffered in a trip and fall if a litigation friend did not make one for them. For example, if your child injured themselves in a public park you could make the claim for them.
If you have any questions about the eligibility criteria or limitation periods for slip, trip and fall claims, please get in touch.
In addition to discussing the eligibility requirements, we can check to see if you have valid grounds for a claim and are within the time limit.
Who’s Responsible For My Fall?
There are various locations in which you could suffer an injury in a slip and fall. Different parties will owe you a duty of care depending on whether the accident happened. These include:
- Your employer, even if you are carrying out work-related duties off-site.
- The local authority. They may be responsible for pavements and premises as well as public parks.
- A shopping centre.
- Businesses.
- Public transport, such as bus or train operators.
- Train and bus stations.
- Taxi rank operators.
- Leisure centres, gyms and swimming pools.
- Supermarkets.
- Apartment blocks, you could suffer a trip and fall in the walkways, lifts or stairs.
Important Evidence In Slip, Trip And Fall Claims
All slip, trip and fall claims must be supported with sufficient evidence. You need to prove who owed you a duty of care and how it was breached.
A few examples of the evidence that you could submit in support of your claim includes:
- The contact information from anyone who witnessed what happened so they can give a statement later in the claims process.
- Photographs of the accident scene, your injuries or of the object that caused you to slip and fall. For example, if you suffered an injury tripping over uneven pavement, you can take a photo of the pavement.
- Video footage of the accident, such as from a mobile phone.
- A copy of your health records which include the injury type and what treatment you needed.
If you need any assistance obtaining evidence, you can contact us. We can discuss the situation that resulted in your injuries and what evidence you could submit.
Slips, Trips And Falls At Work
One place where slips, trips and falls happen are workplaces. They can happen in all types of environments, from construction sites and factories to offices.
Examples of some hazards that could cause injuries at work include:
- Spillages that haven’t been cleaned up
- Cluttered or obstructed walkways
- Poor lighting on the likes of stairways
- Trailing wires or leads from the likes of equipment or computers
- Slips and falls caused by ice in employer car parks or work yards
As mentioned above, all employers have a duty of care to keep their workplace free from the risk of harm, so far as it’s reasonably possible for them to do so.
Conducting the likes of risk assessments, regular inspections and training people on fall prevention are all key.
If, however, steps like these aren’t taken and you suffer an inury in a slip, trip and fall at work, you could claim compensation.
Remember, a claim wouldn’t be made against your employer, but against their insurance company. And legally, they can’t take any action against you for making a claim.
So if you’ve been injured, you could get the legal help and support you need today. You can call us for free on the number at the top of this page to learn all about slip, trip and falls claims involving workplaces.
To learn more about slips, trips and falls at work, see our comprehensive guide here
Slip, Trip And Fall Accidents In Public Places
When we visit public spaces like shops, supermarkets and parks, we’re protected by legislation like the Occupiers’ Liability Act 1957. Laws like this impose a duty on those in control of the public space to keep it free of the risk of harm, so far as it’s possible for them to do so.
There are different risks and hazards in different settings that could cause a slip, trip and fall accident. In the sections below, we explore them in more detail.
Shops, Supermarkets And Restaurants
When we visit shops, supermarkets and restaurants, we expect a certain level of safety, such that when we leave we don’t end up worse off.
Some shops can be quite small and cluttered, with narrow walkway. If you trip and fall because of an obstruction or a tripping hazard that shouldn’t be there, you could claim compensation if you hurt yourself. Examples include boxes, extension lead wires, upturned carpet or rugs or damage floor tiles.
In supermarkets, slip and fall hazards can be similar, but the causes can include the likes of dropped food, like eggs, to dropped drinks like milk, or worse still, cooking oil. Supermarkets should promptly clear up spillages once they’re aware of them. If the spill can’t be cleaned up right away the hazard should be marked with a ‘wet floor’ sign.
Restaurants also carry the same types of tripping hazards, with dropped food and the likes of upturned rugs and carpet all potentially causing accidents.
Streets And Roads
The local council is responsible for maintaining the highways, roads and streets in your local area.
Should a defect like a pothole develop, the council should take action to repair it once reported. They also conduct annual inspections of roads to detect any defects like this, as well as any broken paving stones or raised kerbs.
Some parts of roads and pavements are the resposibility of other organisations, however. For example, some grids and drains are maintained by water companies or energy companies. Defects can also arise with these too, potentially causing an accident and injury.
If you’ve been injured in a trip and fall accident on the street, get in touch for more guidance on your legal options or to make a claim.
Slips, Trips And Falls In Rented Properties
If you rent your home either privately or from a council or housing association, chances are your landlord is responsible for keeping your house in good repair.
This means that they need to fix any potential hazards by law, such as those that could cause a slip, trip and fall.
If you’ve suffered an injury after a fall and believe it was caused by your landlord’s negligence, get in touch.
Average Compensation Payouts In Slip, Trip And Fall Claims
Slip and fall compensation can be made up of two heads of claim. The first, general damages, is awarded to all successful claimants. Under this heading, you can receive compensation for the pain and suffering your injuries cause.
The Judicial College Guidelines (JCG) can be used to help calculate compensation under this heading. This is because the document contains guideline compensation amounts for different injuries. You can see some of the guidelines for slip, trip, and fall injuries below. Note that the first entry in this table isn’t from the JCG.
| Injury | Compensation Amounts |
|---|---|
| Multiple severe injuries + special damages | Up to £1,000,000+ |
| Very severe brain damage (a) | £344,150 to £493,000 |
| Moderately severe brain damages (b) | £267,340 to £344,150 |
| Severe back injuries (iii) | £47,320 to £85,100 |
| Moderate back injuries (ii) | £15,260 to £33,880 |
| Moderate injuries to the pelvis and hips (i) | £32,450 to £47,810 |
| Moderate neck injuries (i) | £30,500 to £46,970 |
| Less serious leg injuries (c) (ii) | £11,120 to £17,180 |
| Uncomplicated Colles fracture | In the region of £9,070 |
| Simple fractures of the forearm | £8,060 to £23,430 |
Your trip and fall compensation could also include financial losses. This comes under the heading of special damages, which can cover the cost of:
- Prescriptions.
- Home adjustments.
- Mobility aids, like crutches or a wheelchair.
- Childcare.
- Professional nursing care.
- Lost earnings.
These are just a few examples of expenses that could be recouped under special damages. However, to receive compensation for any of your financial losses, you will need to provide evidence of them. This could include bank statements, payslips and invoices.
Contact our team of advisors today to find out if you could make a claim.
How Compensation Can Help You
Some people are reluctant to claim compensation, but it’s important to remember that it can help you in many more ways than simply giving you a lump sum.
For example, if you’ve suffered an injury that is still causing you problems, it’s possible to claim the cost of rehabilitation to help you properly overcome it.
For example, if you trip and fall on your back, you could receive compensation for specialist treatment from a chiropracter.
It’s also possible to include other costs and expenses within your final compensation award. They can include:
- Loss of earnings – if you had to take time off work, it’s possible to claim back your lost earnings within a slip, trip and fall claim.
- Travel expenses – if you’ve had to attend doctors appointments relating to the injuries and accident, you can claim back these costs
- Care costs – sometimes friends and family have to help us with personal care, cooking, cleaning and shopping. If they’ve given up time to help you you can claim a fee for their services.
- Medication costs – everything from over the counter tablets like paracetamol to prescription costs can be compensated as part of a slip, trip and fall claim.
For more advice on what compensation payouts in slip, trip and fall claims can include, call us for free on the number at the top of this page.
Make A Claim With Legal Expert’s No Win No Fee Solicitors
If you’d like to make a slip, trip and fall claim, you’ll be pleased to hear that our solicitors work on a No Win No Fee basis.
No Win No Fee simply means that:
- You do not pay any fees upfront to begin a claim
- You don’t pay any fees as the claim progresses
- If the claim doesn’t succeed, you don’t need to pay your solicitor
- Only if the claim succeeds do you pay a fee. This is deducted from your compensation payout and is set at a fixed level before you begin your personal injury claim.
If you’d like to get a free case check today, our lines are open 24 hours a day. All you need to do is:
- Call us on 0800 073 8804
- Write to us about your claim online
- Or speak with us now via our live chat box
If you have any other questions about slip, trip and fall claims, please don’t hesitate to reach out.
