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Slip and Fall Claims

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Slip and Fall Claims

Slip and Fall Claims

If you suffer an injury in a public area, such as tripping on a broken footpath, or in a hotel or shopping centre you can claim against the owner of the area or the Local Authority.

If you have been involved in an accident then you should:

  • Photograph the scene of the accident
  • Obtain contact details of any witnesses
  • Seek medical attention
  • Obtain legal advice

You are obliged to place the Local Authority or owner of the area on notice within one month from the date of the accident.

The normal rules of proving negligence apply to trip and fall cases. The owner of the footpath, hotel or shopping centre must maintain the common areas and take reasonable care for your safety.

For Local Authorities or Public Bodies the rules are slightly different. It is necessary to prove not only that the footpath was in disrepair but also that the Local Authority carried out remedial works but did not do so properly. This is called misfeasance.

As the law stands, the Local Authority is entitled to let footpaths and roadways deteriorate and are not liable when they are in a dangerous condition. It is only when they repair it and don’t do so properly that they can be held liable.

Accidents Abroad

If you suffer an injury while holidaying abroad you can claim against the company who organised your holiday under the Package Holiday and Travel Trade Act 1995.

To come within the Act your holiday must be a “package holiday”. To qualify as a package holiday, two of the following three must have been provided by the travel agent:

  • Transfer
  • Accommodation
  • Other tourist services (not ancillary to transfer or accommodation) accounting for a significant portion of the package.

If your holiday does not match the description of what was sold you can also make a claim under this Act.

If you have an accident on holiday you should:

  • Take photographs of the scene of the accident
  • Obtain witness details
  • Report the accident to your holiday representative as soon as possible
  • Seek medical attention
  • Keep copies of the holiday booking form
  • Obtain legal advice as soon as you return home

FAQ

Personal Injury

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