Accident in a Public Place
Accidents occur in a whole range of situations; many entitle the victim to compensation but specialist
legal knowledge is needed to tackle the range of legal issues that arise.
Many claims arise from trips and falls in shops, supermarkets, clubs,
hotels and other buildings as well as on the highway. Sometimes injuries result from falling debris, sports events or playground accidents.
There are normally two main categories of trip or slip claims.
Accident in the street
Your local council is responsible for keeping roads and pavements maintained and in a reasonable condition. The important question is 'what is a reasonable condition' Various factors are taken into account to answer this question and so tripping or slipping in the street doesn't necessarily mean you will be able to claim for compensation.
If the accident was caused by work in progress then the organisation or the people carrying out the work may be liable for the accident and any injury that resulted from it, therefore compensation would be claimed from them.
Accidents in other areas
If you enter a public place e.g. a supermarket, night club etc, the occupiers of that building have a duty of care to ensure that the public are safe whilst on their property. This includes ensuring that the building and its fixtures and fittings are in a good state of repair, a good housekeeping regime, mopping up spoils, providing clear walkways etc. There are a number of factors which are taken into account to establish 'what is reasonable'.
Points to remember
Write down exactly where the accident occurred.
Take details of anyone who witnessed the accident
Even if your injuries are minor go to the doctor to get them
noted on your medical records.
Report the defect/accident to the relevant authority.
Write down your version of the accident circumstances.
Where possible take a photograph of the defect
that caused the accident. It is useful to use something shows the size to scale, ideally use a measurement tool such a ruler, but a coin or something else
can be used. If you have cuts or bruising try to get a photograph of them.
