Slipping and falling to the ground in any location can be a proper embarrassment; but slipping in a toilet is often seen as the ultimate, embarrassing slip situation to be involved in.
Given that toilet floors are, for want of a better phrase, usually wet from water and other substances, slipping accidents are more common than you think…
So what are your rights when it comes to making a slip injury compensation claim if you have injured yourself in a public toilet?
The Occupiers Liability Act will normally apply, and this imposes a duty on the owners of the toilet to take “all reasonable steps” to ensure visitors are not injured when using the toilet. So to make a successful claim, we must prove that those responsible have failed to take all reasonable steps.
Can you claim?
You cannot normally just claim for the fact you have slipped and been injured. There must be negligence – i.e. someone must be at fault and prove someone is blameworthy in the eyes of the applicable law here, there has to be that failure to take reasonable steps.
It’s a bit of a wide phrase – what is classed as “reasonable” could depend on how busy the toilet is for example.
What are “reasonable steps”
In a situation like this we are looking at a system of cleaning and inspection.
The owners of the toilet should have the toilets inspected on regular intervals to check for any accumulations of liquid on the floor, and should take appropriate action by cleaning it up or deploying signs or cordons.
Now, you have probably noticed that many toilets are inspected on a frequent basis (such as every hour) as part of efforts to maintain hygiene standards as well as health and safety.
Many places will put up a check sheet on doors to show inspection intervals. This can be classed as “reasonable steps” and as such the person or company you are wanting to claim against may well be able to easily defend the claim. As unfortunate as this is, making a claim in this area of law can be inherently difficult.
Other scenarios…
If there is a burst pipe or a leak or some other scenario in which the accumulation of liquid on the floor is not down to spillages, you may have a claim if the owners of the toilet have failed to do anything about it. Again, signage or cordons could be appropriate here.
Call The Injury Lawyers now on 0800 634 7575 for free help and advice to find out if you have a claim for personal injury compensation.