Spillage Accident Claims *
Slips and trips * are often the most common cause of public place accidents. These accidents usually occur as a result of spillages and often in places such as shops, restaurants, shopping centres and cafes. Road traffic accidents * can also be caused as a result of oil spillages on the road. In a recent study, it was found that motorcyclists are more likely to be injured following an accident caused by a spill.
If you have been involved in a spillage accident * that was caused as a result of the negligence of another party, you may be entitled to make a claim for damages. It is important to note that claims made following a spillages accident are made through the Personal Injuries Assessment Board (PIAB). An important first step in the claims process is determining who is liable for the injuries you have sustained.
In many cases, it is the manager or owner of the public place that is found liable for the cause of the accident. This is generally as a result of a negligent behaviour or a breach of their duty of care. Occupiers of a public place have a responsibility to all visitors to ensure that their health and safety is looked after at all times. They are required to carry out frequent risk assessments in order to identify and eliminate hazards. This can greatly help to reduce the risk of an accident occurring. Following an accident in a public place *, it is likely that the manager of the premises will be found liable unless it can be shown that they had taken reasonable steps to prevent an accident occurring.
In some cases, the injured person may be liable for the cause of the accident. An injured party could have contributed to the cause of their injuries through negligent behaviour. This is known as contributory negligence. It is important to note that you may not be entitled to make a claim for damages if you have contributed to the cause of the accident and the injuries that you have sustained.
If the accident happened while at work * then your employer may be found liable for failing to manage activities in a way which prioritises the health and safety of their employees.
The Occupier’ Liability Act 1995 is the main legislation in Ireland which provides for the occupiers of private land in relation to their duty of care to any visitors of the premises. The Act states that an occupier of premises owes a reasonable level of duty of care to any visitors of their land. This means that they should have a regard for their health and safety at all times and ensure that they do not sustain any injuries while on the premises. They should take steps to ensure the prevention of accidents and injuries as they may be found liable for injuries sustained as a result of failing to do so.
- Back injuries
- Cuts and bruises
- Head Injury
- Breaks and fractures
- Injuries to the legs and feet
Wet floors are one of the leading causes of spillage accident claims *. It is important that spills are cleaned up in a timely manner so as to ensure that a slip and fall accident does not occur. If the spillage cannot be clean up immediately there should be warning signs put in place to make people aware of this hazard. These signs can help to prevent accidents and injuries.
Oils spills are commonly associated with road traffic accidents *. Oil can be spilt from another vehicle causing the surface of the road to become slippery and difficult to drive on. This can lead to various injuries being sustained.
Lack of Warning Signs
It is very important that warning and wet floors signs are put in place to make people aware of potential slipping hazards. These signs help to prevent accidents and also help in showing that the occupier of the premises took reasonable steps to ensure the safety of visitors.
TELL US ABOUT YOUR CASE
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.