A weak floorboard bends inwards; or perhaps concrete in an outdoor area has cracked and is falling inwards due to traffic – a person will not generally notice if there is a dip in the flooring. It’s not easy to spot. But if you walk over it you are liable to either trip or fall if your ankle is twisted or gives way because of the sudden change in the contour of the surface.
So what happens if you are in a shop and you fall because of a dip in the ground? Or perhaps it happens in the workplace? Can you make a claim for personal injury compensation?
Well let’s take a look at the law – starting with public places and then moving on to work accidents as differing laws apply!
Public Places
Perhaps a shopping mall or a supermarket – they must adhere to the Occupiers Liability Act. This means they must take all reasonable steps to prevent people from being injured on their premises.
Now, if a dip has developed overtime, you’d think someone would be aware of it. If whoever is in control of a premises fails to act on such a hazard, you are entitled to bring a claim for personal injury compensation against them.
The success of the claim is often down to what reasonable steps they can prove they have taken. As I suggested above, if they are, or ought to have been, aware of it, they should be liable. If they were not, and could not have been expected to have known about it (perhaps it has literally just formed!) then they could defend the claim.
Work
This is covered by The Workplace (Health, Safety and Welfare) Regulations 1992 that state as follows:
12.(1) Every floor in a workplace and the surface of every traffic route in a workplace shall be of a construction such that the floor or surface of the traffic route is suitable for the purpose for which it is used.
(2) Without prejudice to the generality of paragraph (1), the requirements in that paragraph shall include requirements that–
(a) the floor, or surface of the traffic route, shall have no hole or slope, or be uneven or slippery so as, in each case, to expose any person to a risk to his health or safety;
Legislation: http://www.legislation.gov.uk/uksi/1992/3004/contents/made
So there is specific regulation for workplace situations where a floor is uneven and poses a hazard. If your employer knew or ought to have known about this, they are in breach of the regulations and may be liable for a work injury claim.
