Find a Firmer Footing this winter

The first few months of the year are generally cold, wet and a bit miserable, with a higher chance of ice and snow on the ground and on pavements.

It is precisely these kinds of weather conditions that tend to give rise at this time of year to more people slipping, tripping or falling when out and about, often in a public place or even in the workplace.

These types of accident also, unfortunately, often result in people sustaining more serious injuries, such as broken bones and spinal and head injuries, that, in the worst cases, can prove fatal.

However, bringing a claim for personal injury as a result of a slip, trip or fall can be tricky. Pinpointing the correct person to bring a claim against can be difficult, if, for example, there are a number of potential owners of the accident site. Gathering the evidence needed to prove such a claim against whoever is responsible can then sometimes seem to be a mammoth task. Depending upon where you fall - on publicly or privately owned land - also makes a difference to the chances of successfully bringing a claim for compensation for personal injury and loss because the courts apply different tests to determine whether responsibility can be attached.

For example, while you may not be able to claim compensation if you tripped or slipped on a public highway or pavement, if the same accident occurred on privately owned land, you may be more successful.

So, what should you do, if you have an accident as a result of a slip, trip or fall either out and about or at work?

- Seek medical attention / get help.

- Report the accident to whoever is responsible for the site of the accident, whether that is the local council or a privately owned individual or company – ensure that the accident is logged in the accident book.

- If the incident takes place at work, notify your workplace health and safety representative.

- Take photographs of the scene of the accident on the day - or as near to the day of the accident as possible.

- Take details of exactly where you fell, what caused you to fall and what your direction of travel was.

- If you are aware that remedial action is taken after the accident has occurred to rectify any defect that caused you to slip, trip or fall, or any steps are taken after the event (such as putting up warning signs), if possible, get pictures of them and record the dates on which the remedial steps were taken.

- If available, get witness evidence from anyone who saw the accident or who can provide information as to how long the defect that caused you to fall was present before the incident took place.

- Keep records of your injuries and details of any out of pocket expenses you may have incurred as a result of your injuries, such as loss of earnings, medications, travel expenses and details of any care that you may have received.

Bringing these types of claim for compensation for personal injury can be a minefield. So, if you require assistance or advice on whether you can claim following an accident where you have slipped, tripped or fallen, please contact Louise Plant on 01473 298293 or by email at lplant@prettys.co.uk.