COMMON PREVENTATIVE MEASURES TO AVOID ACCIDENTS IN PUBLIC PLACES *

COMMON PREVENTATIVE MEASURES TO AVOID ACCIDENTS IN PUBLIC PLACES *

Preventing Public Place Accidents *

Public place accidents * can happen in all manner of public spaces, from the footpaths and roads that we use, the playgrounds we bring our children to, the supermarkets and shops that we shop at to the restaurants we eat in, to name a few. When accidents happen in a public place, they are usually preventable. When we take on a public place accident claim * one of the most common questions is related to common public place accident prevention – our clients want to know what should have happened to prevent their accident from happening. Here we will detail out the most common public place accident and the preventative measures that should be in place to prevent these accidents from happening.

How to Prevent Accidents in Public Places *

Footpath trips and falls *

Footpath trips and falls occur when a person slips, trips or falls on a public footpath. Then most common cause of these accidents is poor maintenance. These claims are generally made against local town or city councils because it is the councils that are responsible for the maintenance of the footpaths to make sure they are for public use. These accidents are entirely avoidable where local and city councils repair and maintain the footpaths to a safe standard for public use.

Supermarket Slip and Falls *

Supermarket accident claims * are a common occurrence and these accidents are just as avoidable as other public place accidents *. The owners of the supermarket are responsible for maintaining a safe environment for their shoppers. This responsibility extends beyond the shop itself to surrounding areas of the shops that they own, such as car parks. The most common type of claim against a supermarket is a slip and fall on a wet floor. These wet floors are either just cleaned or there was a spillage that was not cleaned up properly or in a reasonable amount of time. Steps to prevent Supermarket slip and falls *:

  • Spillages must be cleaned up immediately once the staff are made aware of them. If the staff do not clean up a spillage in a reasonable amount of time and somebody injuries themselves, they may be held liable for their injuries.
  • Where a floor is cleaned, either from cleaning up a spillage or general daily cleaning a cautionary wet floor sign must be left out and visible to warn people to be careful when passing the possibly wet area.
  • Staff training on public safety is also a good way to train staff on what to do to prevent public injury on their shifts.

Injured at a Hotel *

Hotel injury claims * an arise from several different scenarios – slip and falls on wet floors, uneven flooring causing a fall, inadequate lighting in public areas, bed bugs, escalator or lift accidents, broken handrails on staircases. All of these accidents are avoidable and are usually caused by poor maintenance or failure to warn public of wet floors. Preventing hotel accidents * consists of:

  • Ensuring that a wet floor sign is displayed in areas that were just cleaned.
  • Ensuring spillages are cleaned up in a reasonable amount of time.
  • Carrying out routine maintenance checks on the building to ensure that any maintenance work needed is carried out.
  • Levelling out any uneven flooring that may lead to a trip and fall.
  • Ensuring adequate lighting in public areas.
  • Bed bugs may be brought in from the external sources when reported ensure that all beds are checked, and any bed bugs exterminated immediately.
  • During a routine maintenance check, checking handrails to ensure they are securely fastened to the walls.

Injuries in a Bar/Pub/Nightclub *

Claims for accidents in a bar, pub or nightclub are usually made because of the negligence of the establishment in causing or failing to prevent an accident from happening. Slip and falls and broken glass injuries * are usually the most common claims. Given the nature of a bar, the high number of people, poor lighting and loud atmosphere, it can be difficult for staff to capture all spillages and breakages as they happen, a lot of the time they are relying on people to the report these things to them. When reported or noticed, preventing these injuries involved:

  • Ensuring a wet floor sign in slippery areas
  • Cleaning up any spills in an appropriate time frame
  • Cleaning up any broken glass immediately and in an appropriate time frame

Injured at a restaurant *

Restaurant owners and managers have a duty of care towards their guests to ensure a safe dining environment. Some of the most common accidents in a restaurant are, slips and falls on wet floors, trip and falls, faulty furniture, spillages of hot food and drinks on guests, inadequate lighting and health and safety breaches in the kitchen that lead to food poisoning. Preventative measures that should be in place to prevent these incidents are:

  • Employee training
  • Risk assessments of their premises to ensure that poor lighting is not an issue and that furniture is not faulty
  • Health and safety and proper food storage regulations are in place to prevent undercooked or contaminated food does not cause food poisoning.

Gym Injuries *

Common causes of gym injuries * are improper training by gym instructors and poorly maintained or faulty gym equipment. The owners of the gym have an obligation to provide a hazard-free environment for gym users. Some preventative measures that should be in place are:

  • The closing of broken or defective gym equipment so that members don’t use them until they are fixed.
  • Regular checks of all gym equipment
  • Staff training to ensure that gym instructors are giving out risk-free advice and instruction.

Petrol Station Forecourt Slip Accident *

Slip and fall accidents are a common occurrence on petrol station forecourts when a person slips on a fuel spillage that was not cleaned up or where no warning sign was in place to warn the users. To prevent these accidents from happening there are several preventive measures that can help:

  • Employ and train forecourt attendants to fill the car’s fuel for the customers to ensure no spillages
  • Once a spillage is reported it must be cleaned up immediately. Any spillages that are not cleaned up in a reasonable amount of time and an accident occurs, they petrol station may be held liable.

Making a Claim *

1. Report the accident

If you have been involved in a public place accident *, it is important that you report the accident to the owners of the establishment or the manager on duty. The incident should also be recorded in the incident report book of the establishment.  Check that the details of the accident are correct before you leave.

2. Document the accident

It is also important that you keep your own records of the incident up to date this should include items such as:

  • Date and time of the accident
  • Was there CCTV present that may have captured the incident? If so, did you request the footage from them? If not, your solicitor can do this for you/
  • Take pictures of the scene of the accident, showing the cause, where possible.
  • Take pictures of your injury
  • Seek medical attention and request copies of any medical reports.

3. Speak with a specialist public liability solicitor to tell them about your case

It is important to note that there are some factors that may prohibit you from making a claim. These factors include:

  • Where somebody injured themselves while trespassing on a property at the time of the incident
  • Where a person ignored health and safety measures in place. For example, if there was a warning blocking an entrance to a stairwell and a person ignored it and proceeded.
  • Where a person behaves recklessly and caused the accident
  • The cause of the accident was not there long enough for the owner to rectify the issue. For example, where a spillage just happens and seconds later you slip. It is unrealistic to expect the staff to have known about the spillage and clean it up in those few seconds.

TELL US ABOUT YOUR CASE

Tracey Solicitors draws on over 30 years of experience to ensure that while you focus on your recover that we focus on your case. To speak with a member of our public liability claims * team, call 01 6499900 or email ask@traceysolicitors.ie and tell us about your case.

TELL US ABOUT YOUR CASE

contact no win no fee solicitors

016499900

or email ask@traceysolicitors.ie to tell us about your case and we can call you back

TELL US ABOUR YOUR CASE

Public Place Accident Claims * – Useful Information

 

What is a Public Place Accident Claim *?

In scenarios where a person is involved in an accident in a public place * that was not their fault and sustains an injury as a result of that accident, they may be entitled to pursue a public place accident claim *.

There are many different scenarios that could lead to a claim, most common of which are:

Each scenario and case will be different, therefore, it is important that you contact a public liability solicitor * as soon as possible after the accident to discuss your case.

How do I start a claim for an accident in a public place *?

The first step in making a claim, after you have spoken with a solicitor, is to submit an application to the Injuries Board for an assessment of your claim. You will be required to complete an Injuries Board Form A in order to start the claims process.  Your solicitor can gather the relevant documents needed (medical reports, Gardaí reports etc.,) do this on your behalf.

My claim has been submitted to the Injuries Board, what happens next?

Once the Injuries Board have received your application they have a period of 9 months in which to assess your claim. Once assessed, the Injuries Board will revert back to you and the person at fault with a suggested compensation amount to be paid to you. At this stage, one of two scenarios will come to pass:

  1. If both parties agree on the settlement amount, the Injuries Board will issue an order to Pay and the compensation amount will be paid to you.
  2. If either party disagree on the compensation amount then your case moves to the next stage – you have 6 months to issue court proceedings.
How is compensation calculated?

A compensation amount is calculated by taking into account the following aspects:

  • Loss of wages, if absent from work due to injury
  • Future loss of earnings, if absent from work for a long period of time
  • Medical expenses resulting from the injury
  • Future medical expenses resulting from the injury
  • Out of pocket expenses

In order to calculate compensation for you, the Injuries Board will refer to the Book of Quantum. The Book of Quantum shows value ranges of compensation amounts that have been awarded to people for injuries to specific parts of their bodies. Each of the average compensation amounts found in the book is taken from real personal injury cases * (over 51,000 in total) from the years 2014-2015.

“I am very satisfied with the service of your office. I would like to thank you for your effectiveness and fast course of the case. I will highly recommend your company to anyone.”

Personal Injury Client *

Client Story – Sarah, Public Place Accident *

Incident: Sarah was part of a party of 5 who attended a restaurant. She suffered a slip and fall accident in the restaurant toilet * when she slipped on a patch of wet floor *. She proceeded from the bar area through a passageway and went to the bathroom and then proceeded to return to her friends. As she walked through the corridor she slipped on the floor *. She went over on her left ankle and both knees hit the floor. She managed to get up and noted that the floor was more slippery in this area than other areas. There was no caution sign on the corridor and a staff member came to her assistance. The waitress advised her that the floor was dodgy and another person had nearly fallen some time earlier that evening. After falling she began to suffer from discomfort in her left foot immediately.

Case progression: The Personal Injuries Board decided that it would not be appropriate for them to make an assessment in the case on the 19/10/2017 and proceedings were issued on the same day. The case was brought to the High Court.

Settlement: The case was settled on the 24/07/2018 in the High Court.  The restaurant had a duty of care to its customers to provide safe surroundings. The floor shouldn’t have been wet or else a caution sign should have been visible.

Client Story – Sarah, Public Place Accident *

Incident: Sarah was part of a party of 5 who attended a restaurant. She suffered a slip and fall accident in the restaurant toilet * when she slipped on a patch of wet floor *. She proceeded from the bar area through a passageway and went to the bathroom and then proceeded to return to her friends. As she walked through the corridor she slipped on the floor *. She went over on her left ankle and both knees hit the floor. She managed to get up and noted that the floor was more slippery in this area than other areas. There was no caution sign on the corridor and a staff member came to her assistance. The waitress advised her that the floor was dodgy and another person had nearly fallen some time earlier that evening. After falling she began to suffer from discomfort in her left foot immediately.

Case progression: The Personal Injuries Board decided that it would not be appropriate for them to make an assessment in the case on the 19/10/2017 and proceedings were issued on the same day. The case was brought to the High Court.

Settlement: The case was settled on the 24/07/2018 in the High Court.  The restaurant had a duty of care to its customers to provide safe surroundings. The floor shouldn’t have been wet or else a caution sign should have been visible.

FREQUENTLY ASKED QUESTIONS

How Do I Report a Public Place Accident *?

Following an accident in a public place *, it is important to report the accident to the right person. This is an important step to take when making a claim also. The person or authority you need to report the accident to will depend on where the accident happened…

READ MORE

How long does a personal injury claim take to settle?

The time it takes to settle a claim will depend on the type of accident and the types of injuries sustained. This is why this is a difficult question to answer as there are many factors that come into play in the personal injury claims * process…

READ MORE

Will I have to go to court?

The vast majority of personal injury claims * are settled before stepping foot into a courtroom. Only a small percentage of claims each year go to court for a Judge to decide on the outcome of the case…

READ MORE

FREQUENTLY ASKED QUESTIONS

How Do I Report a Public Place Accident *?

Following an accident in a public place *, it is important to report the accident to the right person. This is an important step to take when making a claim also. The person or authority you need to report the accident to will depend on where the accident happened…

READ MORE

How long does a personal injury claim take to settle?

The time it takes to settle a claim will depend on the type of accident and the types of injuries sustained. This is why this is a difficult question to answer as there are many factors that come into play in the personal injury claims * process…

READ MORE

Will I have to go to court?

The vast majority of personal injury claims * are settled before stepping foot into a courtroom. Only a small percentage of claims each year go to court for a Judge to decide on the outcome of the case…

READ MORE



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