A Guide To Slip Trip & Fall Claims

Just about the most common cause of injury in the UK is a slip, trip or fall, whether in the home, at work or elsewhere. This is because there are so many potential causes, such as wet floors, obstacles and damaged or uneven flooring. As a result, a slip, trip and fall claim is one of the most common types of insurance claim, especially in a no-win, no-fee situation.

Because of the simple nature of these types of accident, they are the simplest type for a claim and, as a result, are the most common fraudulent claim. Since personal injury claims became a regular occurrence, this area is the one that is most open to abuse. People who fell and injured themselves as a result of their own carelessness would blame a raised paving stone and claim against the local council for their injuries.

In the early days of such fraudulent claims, councils simply paid out compensation. It was thought to be easier and cheaper than investigating the matter and contesting the claim. Now, however, the high volume and cost of these claims have prompted councils to take more positive action. They are supported by legislation that states, for example, that they are only liable for accidents arising from defects they are aware of and that those defects have to be a certain size and have existed for a minimum period. Local authorities do now tend to investigate each claim and, if found frivolous or fraudulent, a fine of up to £3000 can result.

Anyone with a genuine claim for an injury that results from a slip, trip or fall caused by the negligence of others is entitled to compensation. Any payment that is made is not intended to punish the guilty party but is to compensate the injured party for their suffering and any financial loss. However, the defendant should learn the lesson and fix the problem to prevent further accidents, otherwise additional and potentially more expensive claims may follow.

Any slip, trip and fall claim is actually classed as a personal injury compensation claim. If the injury occurs on business premises, for example, it will be covered by the occupying company's public liability insurance. Claims are rarely paid by an individual personally but are almost always made against an insurance policy.

Sometimes the difficulty of proving a slip, trip or fall claim is not just about establishing that there was negligence, but also identifying who was at fault. A pool of water that causes a slip may be the responsibility of the building occupier or could be the fault of a plumber who has been working on the premises and has failed to clear up after finishing a job. It is important, therefore, that a claim is investigated thoroughly to determine the extent of the claim and who it is to be brought against.