Wet Floor Accident Claims *
A wet floor accident claim * occurs where a person slips, trips and falls in a public place due to the wet state of the floor and the absence of adequate signage to warn them. Injuries due to wet floors * contribute largely to the number of slips, trips and falls accidents * every year. To prevent people slipping on a wet floor the person responsible for the area should clearly present a sign to show that the area is unsafe and that people should proceed with caution.
Wet floor accident claims * most can occur in almost all indoor public places. These accidents usually occur in the following scenarios:
- Slipping on a wet floor where there is no wet floor sign
- Slip and fall in workplace where cleaning is being carried out
- Slipping due to grease or oil lying on the floor
- Slipping on liquid products that have spilled in a supermarket
- Slipping on fuel in the forecourt of a petrol station
- Slip and Fall in work
- Slipping on a wet floor in work where a cleaner does not display adequate warning signs.
Common injuries sustained have included
- Bruising and soft tissue damaged
- Fractured Bones
- Tendon damage
- Ligament damage
- Head injuries
- Back injuries
Making a Claim
Making a wet floor accident claim * and being successful in doing so will largely depend on the circumstances surrounding the accident.
Your first priority is to ensure the well-being of yourself and anybody else involved in the accident and seek medical attention immediately. This is, of course, important for your own health but also will be important for your personal injury claim * as you will need medical evidence of your injury when submitting your claim.
- Report the accident
Reporting the accident to the owner of the premises when you had your fall is an important part of the process. They should have an incident report book where they will record the details of your accident. Ensure that they have taken down your details and details of the accident correctly.
- Document the accident
Ensure that you keep a very detailed record of events surrounding the accident. This will help you when providing details and evidence to your solicitor. The information that you should record is:
- Details of any witnesses to the accident (name and contact details)
- Take pictures of the scene and any prevailing factors that would have caused the accident.
- If there was no wet floor sign, this will be evident from the pictures. If there was a wet floor sign then ensure that the picture you take clearly shows that the sign was not in the correct location, not visible to the public and/or hidden in some way.
- Take pictures of any physically visible injuries.
- Request copies of any medical reports, doctors reports/examinations.
- Keep receipts for any expenses incurred as a result of the accident, i.e. medical bills, travel costs, loss of earnings and any expenses directly related to the injury.
- Request CCTV footage of the accident. If they will not give this to you then your solicitor will issue a data access request obliging them to release the footage to you.
- Contact a Solicitor
The next step is to complete an Injuries Board Application – speaking with a personal injury solicitor * at this point is advisable as they can assist you through the Injuries Board application process through to settlement of your case.
The settlement of a case will vary as each case will be different. Generally, the settlement procedure would work as follows (of course, this is subject to change and your solicitor will keep you informed at each stage of the process):
- Your solicitor will submit your claim to the Injuries Board for assessment
- The Injuries Board assess your case and revert with a suggested settlement amount
- You then decide whether to accept the amount suggested or to reject and move the next stage of the process
- If both parties accept the compensation suggest, then your case will be settled at this point.
- If one of both parties decline the suggested settlement amount then you move to the next stage of the settlement process
- In cases where the Injuries Board assessment is not agreed to, then legal proceedings are issued and your case moves forward to a court hearing.
- Before the court hearing, settlement talks normally take place. In most cases, a case is resolved, settled and compensation agreed at the settlement talks before having to step foot into a courtroom.
- If your case is not settled at the settlement talks stage then your case moves to a court hearing where a Judge will make a decision on your case.
Settlement talks are a good opportunity for your legal team to talk to the other side’s legal team to settle any disagreements on what costs are to be awarded. Costs awarded usually consist of an amount for the injury itself and added expenses you may have incurred; these claims are called damages:
- General Damages: Non-financial damages such as pain and suffering and/or physical and emotional injuries following the incident and impact of the injury on your quality of life.
- Special Damages: Out of pocket expenses incurred as a result of the accident * for example, loss of earnings (if you were out of work), future loss of earnings for extended time out of work, medical bills, future medical bills, and any added travel costs as a result of the injury, for example, travel to and from the hospital.If you do decide that you want to pursue a claim for slipping on a wet floor * you may be entitled to slipping on wet floor compensation along with any additional expenses, known as damages:
Legal Time Limits
The general timeframe to bring forward legal proceedings in a wet floor accident claim * is two years. This can vary depending on the type of injury suffered. Children under the age of 18 are an exception. A child cannot submit a claim until their 18th birthday, this is when the date of knowledge commences for them. Otherwise, a guardian can act on behalf of the child and submit a wet floor accident claim. The Injuries Board will carry out an assessment of the accident. Contacting a solicitor to discuss the accident will help determine how long you have left to submit an application for a claim to the Injuries Board.
TELL US ABOUT YOUR CASE
If you have suffered a wet floor accident injury *, our team of personal injury solicitors * in Dublin are on hand to answer any questions you may have. For a confidential discussion, please call Tracey Solicitors on 01 649 9900 or email email@example.com and tell us about your case.
With 30 years’ experience as a specialist slip, trip and fall solicitors *, 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.