SLIP AND FALL

 

There is nothing remotely amusing about a slip or trip and fall incident. The results of such an occurrence can be devastating. The evidence is all around us. A  fall can occur anywhere be it a public place, workplace, hotel, restaurant or retail outlet.

The physical and psychological effects of a fall can be significant. And then, there are the out of pocket expenses, loss of earnings etc.

bananaBy way of a general statement of Law, the position is that the proprietor or occupier of a premises and those carrying out activities or work there are required to take reasonable care for the safety of others. Where an accident occurs and injuries are sustained because of a failure to meet this standard, an entitlement to claim compensation arises.

Your solicitor is best placed to advise you if a third party’s failure to take reasonable care was the reason for your injury and if a claim is likely to succeed. Your solicitor is also best placed to identify the correct liable person and, of course, to clarify the insurance position.

The position with claims against Local Authorities is more complex and, sometimes, even if there is a significant injury, recovery of compensation can be particularly challenging. Local Authorities have a certain amount of legal protection not enjoyed by others and , while generally will be liable for slips , trips and falls resulting from bad workmanship , will generally not be liable where there has been a delay in dealing with the results of normal wear and tear and this has led to an accident. This, however, is a very tricky area and requires careful legal assessment.

In the event of a fall, you doctor must be your first port of call. Minor injuries can escalate when untreated.

Once medical attention has been received, it is important to ensure that the accident is properly recorded, scene preserved, photos taken, witnesses examined etc. and this is where you need your solicitor. If you can photograph the scene (perhaps on your mobile phone) at the time of the accident this can be very helpful but is not always possible. Under no circumstances should you engage in or be drawn into a discussion of liability with the person you believe to be responsible nor, indeed, with anyone other that your solicitor.

 

* In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

 

 

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