Slip, Trips and Falls increaseCategory: Finance
Article posted by: Howard Jones
It is not just the recent spell of icy pavements and roads that can cause accidents. Every now and again most of us will admit to tripping up from time to time when we are out and about, at work, at the shops or walking down the road. But, if you have been hurt falling or slipping as a result of someone else’s negligence then you might be able to make a slip, trip or fall injury claim. A typical slip, trip or fall claim comes under one of three circumstances; an accident outside on an uneven pavement, a fall on a slippery shop floor or a trip or fall in the workplace.
We rely on our local council to keep our roads and pavements in a good state of repair; so if they fail in this duty and as a result someone suffers an injury, the injured person might be entitled to compensation. In this situation the accident claim would usually be made against the Highways Authority or local Council.
You might be able to make a personal injury claim if you’ve suffered a slip trip or fall on an unmarked uneven or slippery surface; on stairs because of a broken banister or carpet which is not secured properly in a shop, bank, restaurant or a public building. In this situation the occupying business may be at fault for not providing adequate warning of a safety hazard or for not making the necessary repairs to their commercial property. In this circumstance, a claim for compensation would usually be made against the occupying business’s public liability insurance.
A slip trip or fall could happen at your place of work, an office, a school, restaurant, shop, factory or other. Accidents at work are sometimes as a result of employer negligence, for example, when members of staff have not been given adequate health and safety training or perhaps health and safety regulations are not being met in the workplace. For example, you might trip on a loose cable running across the floor; in this situation the accident claim would usually be made against your employer and would be covered by their employers’ liability insurance.
Duncan Gibbins, a partner at Duncan http://www.duncangibbins.co.uk , said that ‘of all the many types of injury claims we manage, slips and trips which have happened on public walkways and pavements are often the most complicated or difficult cases to fight because of the difficulty of finding the person responsible for maintaining the area in which the accident occurred. Despite this, our experienced solicitors will often accept this type of claim on a ‘no win no fee’ basis.’
Facts About Claiming â€"Slip, Trip and Fall
Additional information you provide will be important to your case. Once an accident has been reported, the responsible party could take action very quickly to make repairs! So take photographs to show why, how and where your accident happened. Also, make notes about the incident, the time and date and weather conditions, and take the details of any witness’s.
You do not necessarily need a witness in order to make a successful personal injury claim. If you have an independent witness it could help your claim, but it is not essential.
If you have tripped outdoors, the defect causing you to trip must usually be 1ins or more in height. i.e. The difference in height between two paving stones on the pavement should be about 1ins or more if you are to make a successful claim. You can test this by standing a 50 pence piece up against the uneven edge. If the edge is less than the height of the coin and therefore less than 1ins, it is likely that you would not be able to make a successful injury claim for your slip trip or fall. It is important to use something to show the height/depth of the defect when taking a photograph. A 50 pence piece is a good item to use.
Always be honest about similar accidents or claims you have made in the past. If you have previously made a personal injury claim it will very likely have no bearing on the no win no fee claim you currently wish to make, however your failure to mention these past accidents can affect your credibility, making the court unlikely to believe your witness statement
Posted By: Howard Jones
Web: http://www.jungle-media.com
Contact: e-mail
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Based in Manchester we are idealy placed for ensuring our clients receive a personal service as most of the country is in easy reach to allow on site briefing meetings to take place on the clients premises. |
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