Slip and Trip Claims
Slip and Trip injuries most commonly occurs when a person’s enters into or is on another person’s (the occupier’s) premises. Premises is defined as either immovable, namely a house, office or construction site alternatively movable, namely a vessel or an aircraft.
Who Can Claim?
Anyone who has suffered a slip and trip and sustained injuries as a result of someone’s negligence can lodge a claim for loss and damages. Injuries sustained do vary from case to case but are generally:
- cuts, bruising and abrasions;
- nerve and muscle damage;
- scarring and disfigurement;
- broken or fractured bones;
- emotional and psychological trauma.
Who can I claim against?
Your claim will lie against the occupier of the premises where your slip and trip occurred. An occupier is deemed to be the person occupying or having control over a premises where the slip and trip occurred
What do I have to prove to be successful with my claim?
There rests a duty of care on the occupiers of all premises which is set out in Sections 5,6 and 7 of the Occupational Liability Act of 1985. This duty of care must however be seen in the context of;
- the likelihood of probable injury to the injured person;
- the circumstances of entry of the injured person;
- the nature of the premises
- what knowledge the occupier had of the injured person being on the premises;
- the age of the injured person;
- the ability of the injured person to appreciate danger;
- the nature and extent of the burden placed on the occupier to alleviate the danger.
What can I claim?
You can claim for all loss and damage suffered by you, i.e.:
- past and future loss of earnings;
- pain, suffering and loss of amenities of life;
- past and future medical expenses;
- hospitalisation expenses; and
- home assistance.
Can I claim for damages if the injury was partly my fault?
Yes, you may claim for damages suffered even if you were partly to blame for your own injury, however your claim amount will be reduced proportionately depending on the percentage of fault attributed to you. This is however provided that your actions were not illegal, for example if you entered onto the occupiers premises to commit a crime.
Are there time limits?
There are strict time limits and normally, if you are an adult, you have 3 years from the date of the personal injury or from the date when you first noticed clinical signs of an injury.
If your child has been injured due to a breach of the Shire’s duty of care, different time periods exist and we recommend that you contact us immediately.
Do I have to go to Court?
Most claims are settled without having to go to Court on trial. However, pre-trial conferences are held at the Court building in a more informal basis and we will be there to represent you through this process.
How long will it take and how much does it cost?
We will attempt to get through the claim procedure as quickly as possible by seeking the relevant expert medical advice from your doctors to ensure that your claim is settled at the right time. We will answer all your questions about legal costs at the first free consultation with you. However, in the event of a successful resolution of your claim, the occupier or their respective insurers will cover most of the costs.
Is the first consultation free?
The first consultation is free with no obligation on your part to proceed.
As however can be seen from the above, slip and trip claims are a complex area of law. Our experienced solicitors have many years of experience in this field and will engage on your behalf (by submitting a claim) with the occupier and/or their insurers for the compensation that you deserve resulting from your personal injury or loss.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.