Tripping on a pavement or pothole

If you have had a fall on a road, pavement, park, shopping centre, at the supermarket or other public place, you know how embarrassing this can feel. However, you should stop to think if you are hurt rather than concerning yourself with being on the floor. Also, you should check your surroundings for what has caused your fall.

Tripping on highways maintained by the council

One of the most common types of tripping claims we pursue compensation for our clients is when they fall due to a raised paving slab on a pavement or a pothole in the road. On the pavement, the defect which caused the fall should be over 25mm for it to be considered a defect; and on a road it should be 40mm to be considered a defect. If it is a defect then the council should have repaired it, and their only defence is if they can prove a proper system of inspection and repair that has been followed.

What to do if you trip on a pavement or pothole

You are more likely to succeed in bringing a claim for personal injury compensation if you obtain good evidence to support your claim. You should take photographs of the defect either at the time of your slip or trip or as soon as you can afterwards. When you take the photographs, you should also record the measurements using either a ruler or tape measure, which must show the depth of the pothole or defect not only the width.  A good example of how to take the photograph is shown here to the right. You should record both the date and time you fell as well as the date and time you took the photographs.  If there are any witnesses to your accident, you should obtain their name, address and telephone numbers as this will help your personal injury claim.

To read about one of our successful claims involving a trip on a pavement or pothole, click here – Highways Trip and Fall Case Study.

Other trips and slips

On premises which are open to the public, for example, a supermarket, shopping mall, car park, restaurant, pub or bar, train station etc. if you slip, trip or fall due to defective flooring, a liquid spillage or debris on the floor then you may be able to show the owner of the premises has not taken reasonable steps to ensure you are safe. For example, if you slip in a supermarket on a grape or yoghurt or grease then the supermarket must show that they have a system of inspection and cleaning at regular intervals before their duty of care to you is satisfied and they will not be held liable for your injuries.

What to do if you have a slip, trip or fall in a supermarket

Evidence is also important if you suffer personal injury following an accident in a supermarket. If possible, you should take photographs of the defect or spillage as well as any measurement as mentioned above. It is especially important for spillages to take the photographs straight away before the area is cleaned. You should report the accident to someone in the shop and ask to watch as it is placed in the accident book and if possible take a photograph so that it cannot be changed when you have left the building. You should always ask to see what has been recorded and make sure you agree with it especially if you are asked to sign the report. It is only possible for us to obtain CCTV evidence if you tell us about the accident within a couple of weeks of it happening as it is often destroyed after this time.

What to do if you have a slip, trip or fall in a nightclub or bar

Again, good evidence will help you win your personal injury claim following an accident in a night club or bar. Photographs are important and these should be taken ideally immediately after you have had your accident; for example, if you fall on a carpet or mat which is sticking up or a spillage from someone’s drink or a washbasin. The nightclub or pub will keep an accident book so you should ask a member of staff to record your accident in the book and check you agree with the record and take a photograph if possible. You should also obtain the name of the member of staff you reported your accident to as well as the name, address and telephone numbers of any witnesses to your accident.

As with all personal injury claims, please take photographs of your injuries and visit a health professional who can give you advice and help you recover from your injuries more quickly.

Time limits on tripping and slipping claims

After a slip, trip or fall as with any personal injury, you have up to three years to pursue a compensation claim. It is preferable to pursue a slip. trip or fall injury claim as soon as possible however, because the longer you wait, the more evidence becomes diluted or even lost.

Contact one of our personal injury specialists

If you have sustained an injury in a slip, trip or fall which was not your fault and wish to discuss how to pursue a claim for compensation, please contact us today by completing the claims consultation form above or calling us on 01213 696969 and speak to one of our personal injury specialists.

All our initial consultation advice is free of charge and without obligation. If you do have a valid claim you wish to pursue we will be able to do this on a no win, no fee basis.