A slip, trip or fall can happen anywhere and generally it may be unclear who is responsible for your injuries.

Click here now to download a pro-forma questionnaire. This will help us to gather the initial information we require to begin your claim process.

It matters not if you slip on a pavement or road that is owned either by the council or a private firm or individual or indeed if you slip at work due to defective flooring or a wet or greasy floor. You may still have a claim.

What you need to do is to obtain evidence of the defect in particular the depth width and length of the defect. In many cases if the defect is on a pavement or a road the council responsible for the area will at some stage repair the defect. Obviously, if the defect is repaired and no photographic evidence exists of the defect prior to repair it will be difficult to prove how hazardous the defect was at the time of the accident. Similarly on private property it is advisable to obtain photographs of the defect to demonstrate the size and inherent danger that the defect posed. This sort of evidence will assist in proving that the defect posed a danger to the public and will also go to rebutting any suggestions by the council or the private land owner that the defect was not inherently dangerous and was only small.

Unfortunately slipping and tripping claims have become one of the largest areas of claims since the personal injury market increased. In the beginning councils were unable to deal with the large numbers of claims and simply paid damages in nearly every case. However The Highways Act 1980 section 58 provides a statutory defence for the council to these types of claims. If the council can show that there is a reasonable system of inspection and maintenance in place at the time of the accident they are likely not to be held liable for any accident that occurred. Therefore it is essential not only to take photographs and measurements of the defect but also were possible establish if there are any witnesses who can say how long the defect had been in that condition prior to the accident.