Personal Injury Slip and Fall Claims

Slip and Fall Claims

Slip and Fall Claims

I’m not clumsy! The floor just hates me, the table and chairs are bullies, and the walls get in my way.

Anonymous

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 two months 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 same 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:

  1. Transfer
  2. Accommodation
  3. 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

Contact John Griffin, Solicitor at 01 4907651 or [email protected] for a full consultation and assessment of your rights under the Act.

John Griffin

John Griffin

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Tripped Up?

We can investigate if you have a public liability claim.

* In contentious business, a legal practitioner shall not charge any amount in respect of legal costs expressed as a percentage or proportion of any damages (or other moneys) that may become payable to his or her client or purport to set out the legal costs to be charged to a junior counsel as a specified percentage of proportion of the legal costs paid to a senior counsel. A legal practitioner shall not without the prior written agreement of his or her client deduct or appropriate any amount in respect of legal costs from the amount of any changes or moneys that become payable to the client in respect of legal services that the legal practitioner provided to the client.