Commonly these types of accidents come under something called The Occupiers’ Liability Act 1957 unless it happened at work. The “Occupier” under this legislation is often thought to be the person who has sufficient degree of control over the premises who should realise that if something is not right, may result in somebody being injured. Therefore, the defendant in these cases is usually the person that is entrusted with the responsibility for maintaining the building and the steps.
Under the Act the occupier has to take such care as in all circumstances that is is reasonable to ensure that the visitor will be reasonably safe in using the premises for the purposes for which he/she is there for. This seems straight forward at first glance; however this means that if the occupier can prove that they have taken reasonable steps (such as cordoning the area off) then they may be able to successfully defend the claim. This is what makes these claims more difficult than you may think.
To pursue a claim to begin with the defect has to be a foreseeable risk of injury – so usually a step that whenever you step on wobbling around to a great degree will pass this test; however it is always advisable to either take a video of the moving step, or photographs showing the step to support your case. Further evidence such as details of people who can testify as to how long the step has been a “hazard” is also incredibly important as this may show that even on notice no reasonable steps have been taken by the occupier.
Common injuries caused by accidents involving loose steps include:
- Whiplash
- Lacerations and severe bruising
- Broken bones
Of course, some people will suffer more than others perhaps because of their age or health, but the rule is that the defendant has to take the Claimant as they find them which basically means that regardless of how old or how susceptible you were to injury, they cannot escape liability on this basis. For example: not many would think that falling down the stairs would result in someone breaking every bone in their body, however if someone who has particularly brittle bones may do and the defendant’s cannot rely that it was unusual to escape responsibility.
Therefore, it is always advisable to speak with a personal injury specialist about your claim rather than deciding yourself whether you think you can claim or not. So contact us to discuss your claim further.