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In order to make a tripping and slipping accident claim it must be proven that someone else was legally responsible for the accident occurring. If the accident occurred in a shop or a supermarket, the occupier of the property is responsible for keeping the premises in reasonable condition. The main question normally asked is ‘what is a reasonable condition?’ This will largely depend on a number of factors. The defendant can invoke statutory defence, if they can prove by reference to written records that they have a regular inspection regime in place, and have responsibly kept the location where the accident happened in reasonable condition.

The condition of the premises where the accident occurred will be analysed for evidence. In order for the personal injury claim to be successful, it will have to be shown that the accident was caused by the condition of the premises.

Accidents in the street

Under Section 41 (1) of the Highways Act’80 there is an absolute duty to maintain the highway at Public expense. This was summed up in the case of Griffith v Liverpool Corporation’67 when the duty was expressed as follows:-

“The duty at common law to maintain, which includes a duty to repair a highway, was not based in negligence but in nuisance. It was an absolute duty to maintain, not merely a duty to take reasonable care to maintain, and a statutory duty which replaced it will also be absolute.”

Regular inspections need to be carried out by the highway and local authorities to ensure that road surfaces are kept in reasonable condition and that they do not pose a safety hazard to pedestrians.

In order for the claimant to succeed, it will have to be shown that the part of the road where the accident occurred was not reasonably safe, and that the accident was caused by a serious defect on the road. The notion of ‘reasonable condition’ has been largely disputed. This is due to the fact that there may be various factors involved, and it can be hard to pin point an exact condition.

Accidents that occur in other public places

If the accident occurs in another public place such as a supermarket, shop, or a place of entertainment, the occupiers of the building are under a duty to ensure that members of the public remain safe whilst on their property. The occupiers of the building should ensure that fittings and fixtures are secure and do not pose certain health hazards. Accidents occurring in supermarkets are quite common due to people tripping or falling on some form of slippage. Again the chances of the claim succeeding will depend on deciding what is counted as ‘reasonable condition’. The defendants will have to prove that they had reasonable protection in place when the accident occurred.

Key points to look out for

* Write down where the accident occurred

* Write down any relevant names, addresses, and telephone numbers of witnesses

* Seek medical attention for any injuries suffered no matter how minor

* Contact the relevant authority detailing the defect/accident

* Take photographs as soon as possible of the scene of the accident. Photographs of the clothes and shoes should be taken instantly following the accident

* Any physical injuries should also be photographed

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Personal injury Lawyer, trip accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation