Over time there are things can happen to fixtures, fittings, and buildings – plastering can fail, ceilings can crumble, and screws or bolts are liable to become loose. So what happens if you are the victim of a tripping accident that is caused by a screw or a bolt protruding from the ground perhaps due to changes over time, or where it has been accidentally left in that way that poses a tripping hazard?
The Law
Generally speaking there is a duty on anyone who owns a premises to ensure that there are no hazards that could cause a person to trip and fall. Whether this comes down to maintenance and inspection to identify hazards, maintain traffic routes, or ensuring that screws or bolts are not left in such a way can dictate whether a claim can be made.
Whether you have tripped in a public place like a shop, or at work, or perhaps in a rented property, there could be a duty on either the occupier of the premises, your employer, or a landlord respectively.
A lot of whether you can win a claim will come down to exactly how the screw, bolt or similar object has allowed to become a hazard. If it has been left there negligently by someone working in the area than there can be a liability for that person or their employer if they are an employee of a business. If it has become loose over time and has worked its way out then it can come down to whether or not the defect should have been identified through inspection and maintenance.
If it has been reported and nothing has been done about it for an undue length of time then there can certainly be an argument in favour of winning a case for personal injury compensation.
How a claim works
We would likely be able to investigate a case like this on a no win, no fee basis (depending on the individual circumstances and injuries of course) which means that you will not be charged if the case doesn’t win. Some lawyers ask for upfront payments and their no win, no fee may not do what it says on the tin like ours does, so be careful when looking for advice and representation.
We normally submit a simple claim notification form to the opponent who then has to investigate the incident and either accept or deny liability. If they accept liability then it all comes down to negotiations for settlement between us and the other side.
For help and advice call 0800 634 7575 today.
