Tripping accident claims are probably one of the most common types of claims that personal injury Lawyers deal with.
We often see defects in the pavement and if such a defect causes you to trip and sustain injury, then it is your right to bring a claim for compensation. These claims have received a substantial amount of bad press but that should not prevent people from bringing a genuine claim. I guess the main difficulty is filtering out fraudulent claims but this applies to all claims, not just tripping claims.
In the past certain roads have become notorious as multiple claims have been made against the respective Council for accidents occurring on the same road. This can raise eyebrows as the respective Council would usually repair the defect and it appears more than coincidence when you are talking about a number of claims on the same area of pavement etc. Notwithstanding the above, a person should not be discouraged from bringing a genuine claim.
Most tripping accidents will result in relatively minor injuries; perhaps a twisted ankle, for example. However more serious injuries are possible including broken bones and deep lacerations (perhaps leaving permanent scarring for example). As with all personal injury claims, the amount of compensation likely to be awarded is based on your injuries and on the medical evidence obtained. More serious injuries with more serious effects on the Claimant’s life are likely to receive a higher award for example.
In terms of tripping up in a public place, a claim would be made against the Council responsible for the land or area in question. We have of course dealt with claims for trips on private property, such as in a shop, for example. In this case a claim would be brought against the shop in question. Most tripping accidents occur in a public place and are caused by raised paving slabs, open manholes, unrepaired pavements etc. The council responsible for the pavement should undertake regular inspections to make sure that any defects are identified and corrected as soon as practicable. If a Council can demonstrate that a reasonable inspection and maintenance procedure was in place, then this could potentially be a defence to a claim.
With a tripping claim it is always advisable to obtain photographs of the defect which caused the accident. If you do not obtain photographs and liability is disputed, it could be one word against another. We would always recommend obtaining photographic evidence of the defect; this can be done by putting a coin next to the raised paving slab or pot hole to demonstrate the height of the raised paving slab or size of the pothole. Such evidence could be crucial. The council could repair the defect at any time so it is best to get the photographic evidence as soon as possible. If there is no liability dispute photographs may not be necessary but we would always advise a person to obtain photographs, just in case there is a dispute.
If you are unfortunate enough to trip up and sustain injury, then you may be entitled to make a claim for compensation. Call The Injury Lawyers today.
