PERSONAL INJURY & ACCIDENT COMPENSATION

Tripping and Slipping Claims.

Tripping Claims.

These are probably the most difficult personal injury claims to win.  In saying that, we have some expert solicitors on our panel who are very successful in securing compensation for individuals injured due to faulty footpaths, pavements and carriageways.

Inevitably, the defendant will be the local authority if the defect causing the injury, say a pothole or broken paver, was on a road maintained at the public expense.  If the accident happened on privately owned land, then the owner of the land will be liable.

If the Land Registry cannot identify the proprietors of the land, then we can instruct one of our investigators to make discreet enquiries in the neighbourhood to discover the owner.

Local councils have, or should have a system of inspection in place for every road and footpath in their area.  The frequency of inspection is much argued in the courts.  Our solicitors and if need be, civil engineering experts, can deal with these legal points.

The depth or height of the defect in comparison to the surrounding area is most important.

The Highways Act 1980 affords the local authority a defence under Section 58 of this Act.  Simply, the authority has a defence if it can show that it has in place an adequate system of inspection. 

If you have been injured by a tripping accident, the vital piece of evidence we need are good, clear photographs of the defect.  Please telephone us for instruction and advice on how to do this.

It really is not difficult, but there are certain things that you need to do when you take the photographs.

Often, claimants suffer from torn ligaments and tendons, damage to their Achilles tendon or even broken ankles.  We have recently noted an increase in fractured knee-cap cases, where the victim has tripped and fallen directly onto their knees.  These broken patella cases are very serious indeed.

Another typical injury caused by tripping is a scaphoid fracture. The scaphoid bone in the hand becomes broken when the victim throws out their hands to save themselves as they fall forwards.

There are many causes of tripping accidents, potholes in carriageways and footpaths; broken or missing paving stones; raised metal work such as stop-tap covers, drains and man-hole covers; broken and missing kerbstones; broken steps; poorly re-installed tarmac; rough ground and broken concrete bollards.

Whatever the cause of your fall, contact us immediately for totally free advice on how to proceed with your personal injury claim. Remember, we cover all of England and Wales. We deal with slipping and tripping cases from Margate to Maidstone, from Staines to Slough, from Basildon to Birmingham. Telephone us on freephone 0800 169 3683 for immediate help and advice.

If you are injured in a tripping accident at your place of work, then your employer will be insured to deal with this type of claim.  By law, all employers have to have employers’ liability insurance, for this very reason.

 Employers’ insurance is governed by the Employers’ Liability Compulsory Insurance Act 1969.

Employers’ Liability Insurance must be on cover for at least £5 million, although most insurers offer cover for £10 million.

Employers must display a copy of the insurance policy where employees can easily read it.  It must clearly state the minimum level of cover provided and the companies covered by the policy.

Incidentally, some organisations such as local authorities, government departments, NHS Trusts and primary care trusts.  Details of exemptions can be found at S3 (1) (a) and S3 (1) (b) of the Employers’ Liability (Compulsory Insurance) Act 1969 and Schedule 2 of the 1998 Regulations.

From 1^st October 2008, employers are allowed to display their certificate of insurance electronically.  Employers have to tell all staff where it can be found on their computer system or website.

Typically, injuries can be caused by tipping over cables, pipe work, pallets, boxes, misplaced tools, wrapping, banding, rope,  and the like.

Should you suffer a work-place injury, then report the incident to your line manager and make sure the details are entered into the Accident Report Book.  Incidentally, it is also a legal requirement that your employer should have an ‘Accident Book’ readily available to all employees.  If your injury is such that you cannot complete the entry yourself, for example, you have a hand injury, then ask a work colleague to complete the report for you.

If you have your mobile telephone handy, take as many photographs of the accident scene as your can, these can be used to support your claim.

Your employer will want to investigate the accident and will perhaps ask you to make a statement about what happened.  You should co-operate fully and explain in detail the mechanics of the incident.

If the tripping accident was caused by the act (or omission) of one of your work mates, then you should say so, even if you are not sure who was responsible.  For example, if you tip and fall due to plastic banding left on the floor of a warehouse and the house-keeping is the responsibility of the warehouse staff, then say so.

Employers are liable for the acts of their employees.  This is called vicarious liability.  So if another employee is negligent and causes an accident, then your employer is liable for your injury.

 If someone has been injured in the workplace, they need to be taken care of and the dangerous situation made safe.

Reporting accidents is a legal requirement.  Reporting gives the enforcing authorities the data to see the bigger picture of where accidents happen.   They can then advise on accident prevention.

Reporting of injuries, diseases and dangerous occurrences is governed by the 1995 RIDDOR Regulations.  You can find further details on www.riddor.gov.uk.

What is reportable under RIDDOR?

As an employer, a person who is self-employed, or someone in control of work premises, you have legal duties under RIDDOR that require you to report and record some work-related accidents by the quickest means possible.

Reportable deaths and major injuries.

Deaths.

If there is an accident connected with work and your employee, or self-employed person working on the premises, or a member of the public is killed you must notify the enforcing authority without delay.

Major injuries.

If there is an accident connected with work and your employee, or self-employed person working on the premises sustains a major injury, or a member of the public suffers an injury and is taken to hospital from the site of the accident, you must notify the enforcing authority without delay by telephoning the ICC or completing the appropriate online form.

Reportable major injuries are:

Fracture, other than to fingers, thumbs and toes;

Amputation;

Dislocation of the shoulder, hip, knee or spine;

Loss of sight (temporary or permanent);

Chemical or hot metal burn to the eye or any penetrating injury to the eye;

Injury resulting from an electric shock or electrical burn leading to unconsciousness, or requiring resuscitation or admittance to hospital for more that 24 hours;

Any other injury: leading to hypothermia, heat-induced illness or unconsciousness; or requiring resuscitation; or requiring admittance to hospital for more than 24 hours;

Unconsciousness caused by asphyxia or exposure to harmful substance or biological agent;

Acute illness requiring medical treatment, r loss of consciousness arising from absorption of any substance by inhalation, ingestion or through the skin;

Acute illness requiring medical treatment where there is reason to believe that this resulted from exposure to a biological agent or its toxins or infected material.

Reportable over-three-day injuries.

If there is an accident connected with work (including an act of physical violence) and your employee. Or a self-employed person working on your premises, suffers an over-three-day injury you must report it to the enforcing authority within ten days.

An over-three-day injury is one which is not ‘major’ but results in the injured person being away from work OR unable to do their full range of their normal duties for more than three days.  You can notify the enforcing authority by telephoning the Incident Contact Centre on 0845 300 99 23 or completing the appropriate online form.

Reportable dangerous occurrences are:

Collapse, overturning or failure of load-bearing parts of lifts and lifting equipment;

Explosion, collapse or bursting of any closed vessel or associated pipe work;

Failure of any freight container in any of its load-bearing parts;

Plant or equipment coming into contact with overhead power lines;

Electrical short circuit or overload causing fire or explosion;

Any unintentional explosion, misfire, failure of demolition to cause the intended collapse, projection of material beyond a site boundary, injury caused by an explosion; Accidental release of a biological agent likely to cause severe human illness;

Failure of industrial radiography or irradiation equipment to de-energise or return to its safe position after the intended exposure period;

Malfunction of breathing apparatus while in use or during testing immediately before use;

Failure or endangering of diving equipment, the trapping of a diver, an explosion near a diver, or an uncontrolled ascent;

Collapse or partial collapse of a scaffold over five metres high, or erected near water where their could be a risk of drowning after a fall;

Unintended collision of a train with any vehicle;

Dangerous occurrence at a well (other than a water well);

Dangerous occurrence at a pipeline;

Failure of any load-bearing fairground equipment, or derailment or unintended collision of cars or trains;

A road tanker carrying a dangerous substance overturns, suffers serious damage, catches fire or the substance is released;

A dangerous substance being conveyed by road is involved in a fire or released;

The following dangerous occurrences are reportable except in relation to offshore workplaces: unintended collapse of any building or structure under construction, alteration or demolition where over five tonnes of material falls; a wall or floor in a place of work; any false-work;

Explosion or fire causing suspension of normal work for over 24 hours;

Sudden, uncontrolled release in a building of: 1000 kg or more of flammable liquid; 10 kg of flammable liquid above its boiling point; 10 kg ore more of flammable gas; or of 500 kg of these substances if the release is in the open air;

Accidental release of any substance which may damage health.

Slipping Claims.

There are many situations where a victim can suffer a personal injury due to slipping.  Every year we deal with slipping claims at supermarkets, sports clubs, schools, restaurants, shops, shopping centres, colleges, hotels and the like.

In Ward v Tesco Stores [1976] 1 ALL ER 219, the claimant slipped on spilled yoghurt.  The defendant gave evidence that staff had been instructed to stand by the spillage and call for a cleaner.  The claimant visited the store again some three weeks later and saw juice spilled on the floor.  Around 15 minutes passed before it was cleaned up.  The court held that the defendant had failed to take reasonable care and awarded compensation to

If your accident is a slipping at work, then the same type of investigation applies.

Should you suffer a slipping accident in a supermarket, shop, gym, shopping centre, or any of these type of places, then report your accident to the management and ensure the incident is recorded.  Do this immediately.  I you can obtain the name and telephone number of a witness, so much the better.

The actual cause of the slip can be any number of things, yoghurt spilled on a supermarket floor, water leaking from a refrigerator in a shop, polish on a hotel step, dropped food on a canteen floor etc.  The important factor in all of these types of claims is how long the substance has lain on the floor.

We have recently been involved in an accident claim at a well known supermarket chain.  Although this was a tripping accident, the principle is the same.  The independent witness was unshakeable in the statement he made.  His evidence was a vital element of the claimant’s case.

If you are able, take the store manager to the accident scene and show them the cause of your accident.  Again, if you have your mobile telephone with you, take a number of photos of the accident scene.  These photographs may just win your case.

The major supermarket chains are well used to defending slipping claims and this is why we have solicitors who are experts in dealing with slipping accidents.  We can advise you on the merit of your claim immediately. Just telephone us on free phone 0800 169 3683.  The call is free and so is the advice.