News & Info

Summary:

You may be entitled to make a claim for your injuries if:

• the hazard that caused your injury was a result of the negligence of the party responsible for the public street, or a party who carried out work on the street.
• there was malfeasance (maintenance poorly carried out) as opposed to non-feasance (maintenance not carried out), or
• the hazard was caused by the negligence of a private company.

A specialist accident in a public place claims solicitor can assess the circumstances of your case to determine whether a claim for compensation is possible.

Uneven surfaces, broken paving slabs and protruding tree roots are some of the main hazards that can cause accidents on public footpaths, sometimes resulting in serious injuries.

However, whether you can make a claim or not will depend on exactly what caused the fall. This is why it is important to speak with a solicitor who specialises in trip and fall accidents who can advise you on the specifics of your case. Here, we outline some of the main considerations for making a public liability claim for a fall in a public place.

When can you make a claim after a trip and fall accident?

Not every trip and fall accident will be eligible for compensation. To be able to make a claim, it must generally be shown that another party was negligent, and that negligence resulted in an injury.

Public streets, footpaths and pedestrian areas are usually maintained by local authorities or councils. These authorities have a duty of care to ensure these areas are safe for use.

For accidents in public areas that are maintained by local authorities, it is important to establish if the accident was a result of:

• Non-feasance: failure to take action, or
• Mis-feasance:  negligent action was taken

If an accident occurs because maintenance work was carried out on a public area, but it was not completed to a reasonable standard, or not carried out correctly, there may be grounds for a claim. This is known as mis-feasance or malfeasance.

However, in most cases, it is difficult to take a case against a local council for non-feasance – that is, not carrying out required maintenance.

For example, if you trip over protruding tree roots on a footpath that a local council failed to rectify, it would be unlikely that you would be able to successfully make a claim, even though it could be argued that the council were negligent in not addressing the problem.

But if the council carried out work to fix the problem of the protruding tree roots, and in doing so, left an uneven surface that caused someone to trip and fall, they could be held responsible for any injuries caused.

What about private companies who carry out maintenance work on public streets?

If a private company, such as a construction firm or utility company carry out maintenance work on a public area, but they leave the area in an unsafe condition, then they may be held responsible, or partly responsible, for any accidents that occur as a result.

What if a hazard has been left on a public street by a private business and that causes an accident?

All businesses have a duty of care to those who are on or around their premises. If a business creates a hazard on their property, or on the street outside their property, and somebody is injured as a result, a case could be taken against them for compensation.

For example, if a bar or pub opens their cellar door on a footpath without checking if anyone is walking on it, and someone is injured as a result, the bar owners could be held responsible for the injuries sustained.

What if I slip on a footpath or steps because of wet or icy conditions?

If a public surface, such as a footpath or steps, is slippery during rainy or icy weather, and you fall and injure yourself as a result, it would be unlikely that you would be able to make a claim for compensation.

However, if you were to slip on a surface that is the responsibility of a private company, you may be able to seek compensation for your injuries from that company, because of a breach of duty of care.

For example, if you slip and fall on ice in the car park of a supermarket, the owners of the supermarket may have failed in their duty of care to provide a safe environment for their customers, and could potentially be held liable.

What should you do if you have been injured in a trip and fall accident?

If you have been injured after falling in a public place:

Seek medical attention

Your health should always be your first priority. Seek medical treatment as soon as possible, even if your injuries initially appear minor. It is important to have medical evidence of your injuries if you end up making a claim.

Take photographs of the hazard that caused your accident

If possible, take photographs of anything that could demonstrate how the accident occurred.

Gather witness details

If anyone witnessed the accident, try to obtain their contact information.

Report the incident

Report the accident to the relevant authority or company responsible for the area. Request a copy of any report that is created.

Keep records of expenses

Retain receipts and records relating to:

• Medical treatment
• Medication costs
• Travel expenses
• Physiotherapy or rehabilitation
• Loss of earnings

 Tell us about your case

Every situation will be different, and will have nuances that will need to be considered before making a claim. If you have been injured after a trip or fall in a public area, contact us and tell us about your case today, so our specialist trip and fall solicitors can assess whether or not you may be entitled to compensation.