Examples of Claimable Defects / Hazards:
- A raised section of flooring in a premises (a shop, supermarket, etc) – perhaps a loose section of carpet or tiling that has raised up – that you end up tripping over.
- A section of concrete raised or broken away in a car park for a premises (or in the premises) that you trip over.
- An item, or item of furniture, dangerously positioned or left on a floor that causes a tripping hazard; a stool for employees to reach high shelves in a supermarket is a good example of such a hazard.
- Uneven, raised, or broken sections of concrete out on the street, or a raised manhole cover.
Those responsible for the premises have an important duty to ensure there are no defects or hazards that could cause a potential tripping hazard to anyone using a traffic route. Regular systems of inspection and maintenance should be in place to uphold health and safety policies and procedures.
You should never be told that you should have been “watching where you were walking” – its recognised in the claiming world that it is not feasible for you to have to be continuously looking where you are walking; if you were to be doing this, you would end up walking in to other people and other furniture in a premises or out on the streets! The duty lies clearly with those responsible for the premises / land.
Although tripping claims are often seen as the stereotypical type of claim people make without good reason, it’s important to understand that it’s actually a great deal more serious than you might think. Landing hard on concrete or a solid floor can easily leave you with broken bones and serious injuries to your body. Having a broken leg will likely leave you unable to work, or do anything – think of the lost earnings from being unable to work, and the amount of stuff you will end up missing out on! This is especially the case during summer when we are all off on our holidays.
If we can prove that a person or company has failed in the important duty of care that they have for you, we can make a successful claim for compensation. As a bit of further guidance for you, making claims against your local council is actually very difficult. Their duty only extends to regularly inspecting and maintaining their jurisdiction of highways and land. If they can prove they have kept up with their inspection and maintenance regimes, irrelevant of how seriously you are injured, or how big the defect may be, they can quite easily defend a claim.
The best thing to do is get in touch with a specialist firm of personal injury lawyer for guidance on your potential claim.