The best thing to do is call our claims helpline on 0800 634 7575 for free and friendly advice about your options for claiming.
But if you are just after a little bit of an idea as to whether you may have a claim for slipping on a wet patch, read on and I’ll try and answer some questions you may have.
If you have slipped and injured yourself then you could be entitled to thousands of pounds in personal compensation.
There is a lot of health and safety legislation that can apply for slipping on a patch of wet on the ground. It primarily depends on whether you are an employee acting in the course of your employment, or whether you are a member of the public who has slipped in a public place. Whilst the legislation is different, the principles for them are practically the same.
You may have a claim if you have slipped on a wet patch in any of the following circumstances:
- At work
- In a supermarket or shop
- In a restaurant, café, or bar
- In a rented property – primarily where a landlord or agent is aware of a potential hazard that they are responsible for
As a member of the public you are covered by the Occupiers Liability Act, and at work you’re covered by The Workplace (Health, Safety and Welfare) Regulations. Generally speaking, both of these put the following duties on to whoever is in control of an area:
- To take all reasonable steps to prevent a slipping hazard
- To take all reasonable steps to remove a slipping hazard once identified
- To take all reasonable steps to warn of a slipping hazard
- To take all reasonable steps to prevent access to an area where they’re may be a slipping hazard
You’ll notice that the common theme throughout the above examples of the duties placed on those in control of an area is the phrase ‘reasonable steps’. There is only so much that those in control can and should do by law. For example:
- Have regular systems of inspection and maintenance
- Train employees to look out for hazards
- Develop and stick to policies to look out for and clear away such hazards
If someone in a supermarket drops a bottle on the floor, the hazard can be formed instantaneously. But unless it’s reported to the store, or unless a member of staff spots it, or if there is an inspection due near that time, the hazard could be there for quite a while. If someone slipped on it within seconds of the hazard forming, they may not be able to win a claim because the test for what ‘reasonable steps’ the supermarket could have taken in such a short time is difficult to pass. Unless of course there was a member of staff nearby who saw the spillage and could have acted immediately.
You do not automatically have the right to win compensation for slipping on a wet patch, and the only real way you can find out whether you have a successful case is by actually pursuing one. That is where we come in – and it’s important to read this next bit.
We work on a genuine No Win, No Fee basis. That means that for cases like this we can offer you an agreement where we will write off our legal fees if we don’t win. Many law firms, due to the changes from April 2013, will have upfront costs or costs payable if the case loses, which is mainly for insurance. We don’t take out this insurance, but you’re still covered by us, which means you really don’t have to pay anything if the claim doesn’t succeed.
