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Slips, Trips & Falls. The Legal Duties of Local Authorities.

All space intended for use by the general public should comply with safety regulations and be maintained on a frequent basis by the appropriate local authority in order to avoid public accidents.

Slips, Trips & Falls. The Legal Duties of Local Authorities.

Slip, trip and fall accidents are the most common type of incident but are often associated with minor injuries however they can, on occasion, cause serious injury in which the affects can sometimes be devastating. The public have the right to expect the owners and occupiers of public spaces to ensure that hazards are not present. When a member of the public suffers from a slip, trip or fall in a public place which could have been avoided, they are able to file a public liability claim against the organisation in control of the area.

These types of accidents can occur anywhere however the most common causes are:

  •     Slippery or wet floors
  •     Uneven or obstructed walkways
  •     Poor maintenance of car parks and pathways
  •     Poor lighting on car parks and pathways

Local authorities have a legal duty of care to protect pedestrians by certifying that any public areas under their control are deemed as safe. They must carry out any sufficient action required such as maintaining pot holes, cracked pathing and the general safety of flooring, or guarding such issues with barriers and warning signs. If a fall occurs due to problems like this, the responsibility will fall into the hands of the local authority. Such people are held accountable for ensuring their sites comply with health and safety regulations and are in a safe condition for members of the public to use. They must also put reasonable precautions in place, conduct regular inspections and ensure proper maintenance of defects.

To claim compensation negligence must be proven and it must be established that the owner of the public property failed to act in a reasonable manner. When negligence is recognised, you must prove that the injury occurred due to the negligence. If the council is held liable for your slip, trip or fall, making a claim against them can often be a difficult process as they have legal defences against compensation claims. Therefore, in order to ensure your claim is successful, all of the aspects of the incident must be considered to compile evidence against them. This includes ensuring that all the details of the accident and injury are recorded as soon as possible together with photographic evidence of the defect and witness testimonies.

At Hodgkinsons we believe that when you have suffered such injuries, it is essential that you obtain the correct treatment and compensation you require. Our Personal Injury Lawyers will determine whether your claim has merit, gather medical evidence and obtain compensation for your injuries. We can also provide you with access to specialist rehabilitation care and treatment to aid your recovery. Whilst you focus on recovering, our lawyers will deal with the defendant and their insurers.

If you have been involved in an accident which occurred in a public place, ask yourself whether it happened due to a hazard which could have easily been avoidable? Or maybe it occurred due to the negligent behavior of someone else? If so, you may have claim. Hodgkinsons’ Personal Injury Team assist clients throughout Skegness, Lincolnshire and throughout the UK to obtain the best compensation and treatment possible. If you believe that we can help you, contact us on 01754 897150 or submit an online enquiry form