NICOL AND CO Accident Claim Solicitors

Trips Slips and Falls
		Trips, slips and falls - tripping accidents are usually directed either against a local authority for failing to maintain an adequate system of inspection and maintenance of the roads and footpaths under their control or against the occupier of premises for failing to take reasonable steps to keep their premises free from hazards. Local authorities have a duty to take all reasonable steps to maintain the footpaths and roads under their control. Usually this means they have to periodically inspect the roads and paths and if defects are found they should act promptly to rectify them. Not every defect gives rise to a compensation claim. The general rule is that there has to be at least 25 mm of unevenness on a footpath and 40 mm of unevenness on a road defect before the defect can form the basis of a claim.

In occupiers liability cases it is usually necessary to establish that the occupier knew or ought to have known about the defect and failed to rectify it within a reasonable period of time.

Slipping accidents again tend to be directed either against the local authority for example for failing to arrange for roads or footpaths to be adequately gritted within a reasonable period after snow fall or ice formation, or against the occupier of premises for failing to take reasonable steps to prevent a hazard from existing on their land/premises. It is usually necessary to prove that the local authority or occupier knew or ought to have known about the slipping hazard and that they had a reasonable opportunity to rectify the problem before the accident occurred. Employees often have an easier task of establishing liability on the part of their employer in connection with tripping and slipping accidents because work regulations impose stricter duties on employers.

Trips Slips and Falls