INTRODUCTION
If you are involved in an accident that was not your fault you have a right to be compensated for any resulting injury or other loss. A legal framework exists to help you to obtain compensation but you will probably need assistance to take advantage of it.
TRIPPING ON PAVEMENTS AND HIGHWAYS
Section 41 of the Highways Act 1980, states that Highway Authorities (usually local or county councils) have a general duty to maintain the highway at the expense of the public.
To succeed with a tripper case three things must be proved: -
To succeed with a tripper case three things must be proved: -
- The road is in a condition as to be dangerous to traffic
- The dangerous condition was due to a failure by the Highway Authority to maintain the road
- The claimant fell and suffered injuries as a direct result
The only way a Highway Authority can escape liability is if it proves under section 58(1) of the Highways Act 1980, that it took such care as was reasonable in all the circumstances.
There are many cases of this type that have gone to court. One important aspect is to establish what is meant as being dangerous. A popular view is that a depression of more than one inch in a pavement will always be dangerous. Less than one inch may or may not be dangerous depending on the facts of each individual case.
Ultimately the test of dangerous is one of reasonable foresight to harm users of the highway. Would a reasonable person regard it as presenting a real source of danger? However each case is different and will be decided on its own facts.
There are many cases of this type that have gone to court. One important aspect is to establish what is meant as being dangerous. A popular view is that a depression of more than one inch in a pavement will always be dangerous. Less than one inch may or may not be dangerous depending on the facts of each individual case.
Ultimately the test of dangerous is one of reasonable foresight to harm users of the highway. Would a reasonable person regard it as presenting a real source of danger? However each case is different and will be decided on its own facts.
TRIPPING AND SLIPPING IN SHOPS
Naturally, there are many cases in this area and each case will turn on its own facts. The provisions of the Occupiers Liability Act 1957 do apply (see below). There is however a classic case involving a person who slipped on some yoghurt in a supermarket. The Court decided that once the Claimant had proved that they had actually slipped on the yoghurt that it was then up to the supermarket to show that the accident did not occur from any want of care on their part. If the supermarket could show that they had a proper and adequate system to provide for the safety of customers and that it was in operation then they might be able to escape liability.
OCCUPIERS LIABILITY
This Occupiers Liability Act 1957 covers many different accident areas that occur on privately owned land such as people’s own homes and gardens, hotels, council houses, shops, sports arenas, places of employment and effectively any privately owned land or building.
The Occupiers Liability Act 1957 provides that the occupier of premises is under a duty to take such care as in all the circumstances of the case as is reasonable to see that any visitor will be reasonably safe using the premises for the purpose for which he is invited or permitted by the occupier to be there.
Naturally there are many cases in this area and each case will turn on its own facts.
The Occupiers Liability Act 1957 provides that the occupier of premises is under a duty to take such care as in all the circumstances of the case as is reasonable to see that any visitor will be reasonably safe using the premises for the purpose for which he is invited or permitted by the occupier to be there.
Naturally there are many cases in this area and each case will turn on its own facts.
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