Slip Trip and Fall Claims can occur anywhere from restaurants, cinemas, woods, football pitches, shopping centre, supermarkets to name but a few.
Does the Local Council have a duty to maintain the pavement/road to prevent Slip Trip and Fall Claims?
If the pavement or road where you tripped is maintainable at the public expense, the Local Council have a duty to pay for its upkeep.
What has the Council done wrong?
If you tripon the pavement or road (known as a highway) due to a pothole or raised flagstone for example, we need to show by use of evidence such as photographs that:
The highway was not reasonably safe where the accident occurred; and
The accident was caused by the dangerous condition of the highway
We can allege that the Council were negligent for, amongst other things:
a) Allowing a dangerous obstacle to be left on the pavement
b) Failing to give any or any adequate warning of the danger
c) Failed to erect a barrier around the defect
d) Failed to carry out any or any adequate risk assessment
e) Failed to repair the defect
Can the Council refuse to accept blame for Slip Trip and Fall Claims?
Under the Highways Act 1980 the Council have a defence against tripping and slipping claims if:
There was a system of inspection for the place where you fell
The system was reasonable in the circumstances
What would a Court consider if you sued the Council over a Slip Trip and Fall Claim?
the character of the highway
the traffic reasonably expected to use it
the standard maintenance appropriate to such a highway
the state of repair reasonable persons would expect
the knowledge which the highway authority had (or reasonably should have had) of the dangerous condition
the kind of warning notices displayed
the system of inspection for repairing the highway
We can help with Slip Trip and Fall Claims
David Healey at Carter & Carter Solicitors is very experienced in handling slip trip and fall claims as well as accident compensation claims relating to all types of serious injury and is a specialist dealing with accident compensation claims involving fatalities, catastrophic injuries and amputations.
Get in touch now about Slip Trip and Fall Claims
If you think that you have a case, would like to have a chat about a potential claim or require further information, contact David Healey.