Slip on Snow or Ice - Can you Claim Compensation?
As we get nearer to winter when ice forms on pavements and public areas more accidents will take place due to the presence of either black ice, snow or just an icy surface. It is possible to claim personal injury compensation
for such a slip, trip or fall.
In order to do this it would be necessary to identify who was at fault. If you are injured
as a result of a fall or slip on the pavement
for example, then you may have a claim against the local authority or council
on grounds that they failed to maintain a safe area and failed to grit the pavement.
This can be difficult to prove as Council’s have finite resources but each case has to be assessed on its own merits. If you slip on ice on a city centre pavement you are more likely to succeed in recovering damages than if you slip on a pavement in a quiet residential area.
If you suffer an injury
on someone else’s property for example, on your employer’s premises, a car park or in a supermarket
then the owner of the property
will have a duty of care which means you can claim against the owner and occupier
under the Occupier’s Liability Act which requires the owner to provide safe access to any lawful visitors.
As with all personal injury claims
the Law allows you 3 years
within which to make a claim which basically means you must either recover compensation or issue court proceedings before the end of the 3rd anniversary of the accident as after that date the claim becomes time barred.
It is important to realise that there is no automatic right to compensation which means whether you have a claim arising from a slip on ice or a fall at work or on someone’s property you will still need to prove a duty of care and negligence.
It is usually sensible to contact a personal injury solicitor
as soon as possible so that they can assess whether or not you have a viable compensation claim
and if so against whom.
There are a number of steps one must take immediately after a fall as this will help your legal advisor to progress your case quickly. Always take a photograph
of the place of accident. If you have witnesses
who saw the incident take their full names and addresses so that statements can be obtained if necessary.
If you have an accident at work
make sure it is reported immediately
to your manager and enter the details in the accident book
. You will also need to complete an accident on duty form. If the accident happens in a supermarket make sure the store manager has been notified and your accident is entered in the store’s accident book.
If you have a fall on a pavement
due to tripping hazard it is advisable to get the measurements
of the tripping hazard.
We at Simpson Millar have a team of experienced Personal Injury Solicitors
who are able to assist you. If your accident was caused due to 3rd party fault then you are entitled to claim compensation
which would include personal injury damages, loss of earnings, travelling expenses, prescription charges, etc.
If you or someone you know has had a slip or a fall resulting in loss, damage and injury then do consult a solicitor. Useful links: