If you have had a slip, trip, or fall due to the negligence of another person that has left you injured, then you may be eligible to claim for compensation for your injuries and any resulting financial loss.
Whether you are in a public place or in your workplace there is a duty of care to ensure your safety. Property owners, local authorities, and employers have responsibilities, enshrined in legislation, to ensure that these environments are safe for members of the public or employees.
Valerie Kearins Solicitors, Sligo, has expertise in all types of personal injury claims and is committed to providing you with expert advice to secure you the best possible outcome.
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Common causes of slip, trip, and fall accidents
There are numerous circumstances in which a slip, trip, and fall type accident could occur. Some examples include:
Spillages
An unattended to spill in a supermarket led to a customer falling and sustaining a broken wrist.
Wet flooring without signage in a gym changing room caused a customer to slip and tear ligaments.
Worn or defective flooring
Worn floor covering on a stairs led to an employee slipping and falling down the stairs with a resulting back injury. Employers are obliged to carry out a risk assessment to ensure the safety of employees.
An unsecured rug led to a slip in a hotel reception and a neck injury.
Trip hazards
Unsecured cables from music equipment in a venue led to a customer tripping and injuring themselves.
Clutter or debris in a public place or workplace could cause a hazard and result in a fall.
Poor lighting
Poor lighting caused a trip in a shop storeroom, causing an employee to sustain a knee injury.
Employers are responsible for providing adequate lighting to enable employees to work safely.
Unsafe walking surfaces
A risk such as a broken stretch of footpath caused a pedestrian to fall and break an arm.
Poorly maintained paths can lead to falls, such as following roadworks where the walkway has been poorly repaired. Compliance with safety procedures such as signposting may prevent such accidents.
Lack of personal protective equipment
Employers are responsible for ensuring the safety of their workers according to Irish legislation.
If you have not been given adequate protective equipment to carry out your task safely, such as non slip footwear or essential tools then a slip, trip or fall such as a slip on a spillage then this may lead to a workplace accident.
Who is liable for my injury?
This depends largely on where your accident took place and who was responsible for the maintenance of that area. It is essential to identify where liability lies in making a slip, trip, and fall claim and your solicitor will advise you.
If you fell at work, your employer may be liable, alternatively, if you fell in a public place then the property owner may be liable or in some cases, the local authority or council may be responsible for injury.
You are entitled by law to a safe workplace and adequate safety equipment to carry out your job. Property owners will have public liability insurance to protect them in the event that a worker or member of the public has an accident.
If you are injured in your rented accommodation due to a hazard that should have been attended to by the landlord, then your landlord may be liable for your injury.
What should I do if I have a slip, trip, or fall?
If you have an accident, there are a number of steps you should take:
How do I make a slip, trip, or fall claim?
Slips, trips, and falls can lead to injury that ranges from minor sprains and bruising to devastating injuries such as spinal cord injuries and brain injuries.
A slip, trip, and fall claim is a form of personal injury claim and it is advised that you speak to a personal injury solicitor as soon as possible after your accident.
Injuries Resolution Board
Your solicitor will make an application to the Injuries Resolution Board (formerly Personal Injuries Assessment Board). This is the independent, statutory body that is responsible for assessment of personal injury claims in most cases.
Your solicitor will gather the necessary evidence to submit your slip, trip, and fall claim such as medical reports and other expert reports as required.
The entire process can take a number of months and, once the process is completed, they will issue a Notice of Assessment which sets out the compensation the IRB has assessed for the injury, if any.
You will have 21 days to accept or reject the assessment of the PIB and, if either side does not agree with the assessment, you may take your case to court.
Is there a time limit to make a claim?
Yes, the law states that there is a two year time limit for a personal injury claim. This time limit usually refers to the date of your accident.
One exception to this is where a claim is made on behalf of a child, usually by their parents or guardians. In this instance, there is a two year time limit. If however, the child turns 18 and wishes to make a claim on their own behalf, they then have a two year time limit to make a claim.
It is vital that you consult Valerie Kearins Solicitors as soon as possible following your accident to allow sufficient time to gather evidence and start the IRB process.
What can I claim for?
The settlement amount that you receive will differ according to the injuries you sustain and also to the financial and other effects your accident has had on your life. The Personal Injuries Guidelines outline compensation amounts for various types of injuries.
If you are awarded compensation following your slip, trip, and fall claim, there are two types of damages you can be awarded.
Will I lose my job if I make a claim against my employer?
Workers need not fear losing their job if they make a claim against their employer as you are protected by employment law in Ireland.
If you have experienced a workplace accident you are entitled to seek compensation for your injuries from your employer.
Valerie Kearins Solicitors
As personal injury specialist solicitors, we understand that the effects of a personal injury on your life can be profound. We represent clients with compassion and professionalism and understand the challenges that they face following an injury.
Our experienced staff has expert knowledge in the area of slip, trip, and fall claims and our legal expertise has secured successful outcomes for our clients.
Contact Valerie Kearins legal services can be contacted in Sligo by completing out contact form and giving us some details of your case, or by phone or email.