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£1,300 ~ £7,425
£18,325 ~ £26,500
£2,300 ~ £58,500
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Under the Occupiers Liability Act 1957 and 1984, all occupiers of property (including land) have a duty to take reasonable care that all visitors will be reasonably safe when on the premises.
Ms A (the claimant) suffered personal injury when she slipped on a greasy slick on the floor of a well-known department store (the defendant). The claimant claimed that as she had approached one of the defendant's checkouts her foot suddenly slid from under her and she fell heavily. She did not see what precisely had caused the accident but alleged that her foot had slipped on grease.
The court held that that the defendant (the department store) was in breach of its duty of care to the claimant under the Occupiers Liability Act 1957. The defendant denied that there was any grease on the floor and suggested that the reason for the claimant's fall were the high stiletto heels that she was wearing on that day!!!
The court held that on balance, the claimant did slip rather than fall off her high heels and, on the evidence presented, there was some form of grease or other slippery substance on the floor that caused the claimant to slip. Further, there were no records of any inspection or cleaning on the day of the accident.
Ms S (the claimant) tripped and fell and fractured her wrist.
The council was found liable under the Occupiers Liability Act 1957. The claimant had worked for the council for 20 years and was very familiar with the surrounding area. The incident occurred where a path (constructed of slabs) met with a tarmac path creating a 90-degree angle. Grass had eroded where people frequently took a short cut from the path to the tarmac path. The grass was became worn away by both staff of the council and members of the public resulting in a tripping hazard and it was here that the incident occurred.
It was held that there had been a breach of the common law duty of care in that the council knew of the worn grass but had done nothing to rectify it rendering them primarily liable for the accident. The judged considered that the erosion of the paths surface was worsening all the time until it was inevitable that someone would trip.
However the judge felt that the claimant was 50% to blame for the injury and the final decisions was for the case to be settled on a 50/50 basis.
There are many different causes of accident that might happen in a public space the most frequent of these are relating to tripping and slipping.
We have compiled a list of example cases to demonstrate how the claims process works, and to illustrate the sorts of cases we receive.
The examples are split into three types:
Road Traffic Accidents
Accidents At Work
Slipping & Tripping In Public Places