I slipped on ice can I claim compensation?
Lydia Wawiye is a Solicitor in the Dispute Resolution department and can be contacted on 01323 434416 or lwa@stephenrimmer.com
Can I make a claim for a slip, trip or fall on ice in a public place?
At this time of year, slips and trips are common. Ice and other inclement weather can make many everyday places treacherous - particularly if the owner or occupier of the property has not taken adequate care to protect patrons' safety. If you have suffered an injury in a public place because of snow or ice, you may be able to make a compensation claim. In this article, we look at these types of accidents and answer some of the important questions you may have.
Accidents in a public place caused by ice or snow
If you have slipped on ice and suffered an accident or injury as a result of ice or snow in a public place, you may be able to bring a claim against the party responsible. However, you will firstly need to determine who that party is. When we discuss accidents in a public place, we typically are referring to the following:
- Shopping centres and retail parks
- Bus or train stations
- Your place of work
- Public car parks or multi-storey car parks
- In a supermarket or supermarket car park
- Hospital grounds
- Public paths and walkways
The party responsible for maintaining the public area referred to as the occupier' is most often, the party you will bring your claim against. If you are unsure, your solicitor can help you determine who is responsible.
Do I have a claim?
In order to bring a successful claim, you must have suffered an injury within the last three years that was at least partially the fault of another party. Under the Occupiers' Liability Act 1957, occupiers of premises have a 'common duty of care' towards visitors to the premises. As a result, occupiers must ensure that visitors are kept 'reasonably safe in using the premises'. Part of this duty means keeping the premises safe during cold spells and inclement weather conditions. If an occupier fails in this duty and does not adequately address hazards caused by snow and ice, you could bring a claim if you are injured as a result.
The difficulty in these cases is that occupiers must only take 'reasonable' steps to protect visitors. For example, in the case of supermarkets, staff members can be expected to ensure that snow or ice does not pose a hazard to visitors in the entranceway or trolley areas and use appropriate signage to warn visitors of slipping hazards. However, it might be unreasonable and even impossible for occupiers to ensure the entire car park and surrounding areas are free of ice and snow.
When you contact a solicitor following having slipped on ice, they will ask you questions about your accident and will be able to advise you fully as to whether you have a good claim.