It can be quite hard to determine whether you will win your case right at the start of the claim. We need to investigate the accident with the other side to find out whether they have a reasonable defence or not. Unless we actually pursue the claim we normally cannot really tell what their position might be.
But I can explain what factors can affect such claims as well as discussing the law that applies as this gives you an insight in to how things work.
The Law
Essentially the law is that those in charge of a premises must take all reasonable steps to prevent a slipping accident occurring. As a visitor to a premises it’s normally The Occupiers Liability Act that applies, or in the workplace is can be The Workplace (Health, Safety and Welfare) Regulations. In essence though they both have similar stipulations.
So what can be reasonable steps?
There are many things that can be done to prevent such hazards; here are some examples:
- Deploying wet floor signs or cordons when a hazard is detected
- Having a system of inspection and maintenance to spot hazards
- Training staff in clean as you go policies
The above three are seen as the main ones for these sorts of cases. So if those responsible for the premises have failed to take such reasonable steps, and this has caused your accident, you may have a winning claim.
But we can only really find this out by actually pursuing it and asking them to either accept liability or provide us with evidence as to why they are not at fault – i.e. evidence to show that reasonable steps were taken.
Do most places take reasonable steps?
Nowadays most of them do because the law is heavily on their side where they can show that reasonable steps have been taken. Cleaning and inspection regimes are easy to set up so most shops, supermarkets, and other public places will have such things in place.
But there are occasions where insurers do accept liability for straightforward minor injury claims, so don’t be put off just because the law is often against you. We can also assess whether we think their evidence is good enough as well, so it is always worth pursuing a claim.
We work on a no win, no fee basis as well so you don’t have anything to lose really.
