Jogging Accident Claim *
Jogging accidents * typically occur as a slip or fall accident * in a public place. These accidents can happen for various reasons and many different injuries can be sustained as a result. The main cause of jogging accidents * is tripping over obstacles and potholes. In many cases, it is the occupier of the land who is responsible for maintaining their property and as a result they may be found liable for any injuries which are sustained. It is important to note that claims made following an accident * are made through the Personal Injuries Assessment Board (PIAB).
Who is liable?
When making a personal injury claim * it is important to determine who is liable for the cause of the accident. This is an important first step in the claims process which will also help to avoid delays. Following an accident in a public place, it can be difficult to determine who is liable for the cause of the accident. This will depend on where you were jogging at the time of the accident.
If the accident occurred on public property it is likely that the local Council will be found liable as they are generally responsible for the maintenance and upkeep of public places. They have a duty of care to ensure that they provide a safe and hazard free environment for all visitors. A breach of their duty of care can lead to injuries being sustained. They have a responsibility to carry out frequent assessments of the area in order to identify and eliminate potential hazards. They also need to ensure that they make people aware of any risk that could lead to the occurrence of an accident. If it is found that an accident occurred as a result of negligence on their behalf, then they are likely to be found liable for the cause of any accidents or injuries sustained.
Owners and occupiers of private land have a responsibility to ensure the health and safety of all visitors. This is stated in the Occupiers Liability Act 1995. The Act states that an occupier of a premises owes a reasonable level of duty of care to any visitors on their land. It is their responsibility to ensure that their property is maintained to a good standard so as to ensure the safety of both themselves and visitors. They are also expected to frequently assess the property to eliminate any potential hazards which could lead to an accident occurring. If it is found that an accident was caused as a result of their negligence or a breach of duty of care then they will be found liable.
It is important to note that if the injured party has contributed to the cause of their accident, through contributory negligence, then they may not be entitled to make a claim for the injuries they have sustained. If it can be shown that they took reasonable steps to ensure their own safety then this may be reconsidered.
- Breaks and fractures
- Injuries to the legs and feet
- Head injuries
- Cuts and laceration
- Brain injuries
- Nerve damage
- Soft tissue injuries
- Internal injuries
Uneven Road Surfaces
This is a common cause of trip and fall accidents as an uneven road surface can make the chances of an accident occurring higher. This can lead to various injuries being sustained as a result. This is typically due to negligence in failing to maintain the area.
It is important that pothole on the road or surface of a footpath are maintained and filled in so as to avoid the risk of both a road traffic accident and pedestrian accident. It would be very common that you could trip in a pothole and sustain various injuries. If you become aware of a pothole which could potentially lead to the cause of an accident it is important that you report this to your local council.
Failing to carry out a risk assessment
It is a requirement that all property owners or occupiers carry out frequent risk assessments in order to identify and eliminate hazards. This will also make them aware of the procedures which need to be in place in order to reduce the number of injuries that are sustained. The details of any assessments carried out should be kept on record for future reference also. This allows them to determine the severity of hazards and the potential accidents that could be caused as a result.
Lack of adequate footpaths
All public areas should have adequate footpaths to ensure the safety of pedestrians at all times. It is important that they are maintained and any hazards are dealt with in a timely manner. These paths should be adequate to allow people to travel in both directions. If there are no footpaths in place, joggers should travel against the flow of traffic so as to reduce the risk of sustaining an injury. This gives you more time to react to risky situations.
TELL US ABOUT YOUR CASE
If you would like to discuss any aspect of this topic or would like more information on the process of making a jogging accident claim *, feel free to contact our claims solicitors on 01 649 9900 or email email@example.com.
With over 30 years’ experience, Tracey Solicitors ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.