Slip, Trip, and Fall Claims

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Genuine slip, trip, or fall accidents can shatter confidence, impact health, and disrupt finances. Sometimes these incidents are caused by negligence. At Good & Murray Smith LLP, we can help you secure the justice and compensation you deserve. Our dedicated team combines decades of experience with compassionate legal guidance.

Common Causes of Slips, Trips, and Falls

These accidents can occur in a variety of environments due to inadequate safety measures. Common causes include:

Public Places

Local councils are responsible for constructing and maintaining public areas like footpaths, parks, and playgrounds. Accidents often arise from:

  • Uneven or poorly constructed pavements or cycleways 
  • Poorly maintained parks or walkways
  • Defective playground equipment 
  • Inadequate lighting

Workplaces

Slips, trips, and falls are among the most frequent workplace injuries. Hazards in construction sites, offices, and factories include:

  • Wet or slippery floors
  • Poorly placed obstructions
  • Uneven surfaces
  • Inadequate lighting

Shops and Restaurants

Retail and hospitality businesses must ensure that customers do not suffer injury or damage due to hazards on their premises. Common hazards include:

  • Spills left unattended
  • Lack of wet floor signage
  • Uneven or loose flooring
  • Poorly constructed car parks
  • Dimly lit high-traffic areas

Rented Accommodation

Landlords are required to maintain safe living conditions. Negligence can lead to accidents caused by:

  • Loose carpeting or tiles
  • Unsafe staircases
  • Leaks or spills left unaddressed
  • Poorly lit common areas

Types of Injuries

Slip, trip, and fall accidents can lead to various injuries, such as:

  • Fractures and broken bones, especially in wrists, hips, and ankles
  • Head injuries ranging from mild concussions to traumatic brain injuries
  • Back and spinal damage, leading to chronic pain or paralysis in severe cases
  • Cuts, bruises, and scarring resulting from falls on rough surfaces
  • Torn ligaments and muscle strains often in knees or ankles
  • Tragically, some accidents result in loss of life.

Determining Responsibility

Liability varies based on where and why the accident occurred:

  • Local councils: For hazards in public spaces such as footpaths and parks.
  • Contractors: For poor construction and design. 
  • Employers: For unsafe working conditions.
  • Business owners: For hazards in shops, restaurants, and gyms.
  • Landlords: For poorly maintained rental properties.

Contributory Negligence

In some cases, a claimant’s actions may partially contribute to their injuries. This is referred to as contributory negligence, which can reduce the amount of compensation awarded. Under the Civil Liability Act 1961, a court considers whether:

  • The claimant failed to take reasonable care for their safety.
  • Their actions contributed to the accident or the severity of their injuries.

Examples of contributory negligence 

Ignoring Warning Signs

A claimant walks past a visible “Caution: Wet Floor” sign and slips on the wet surface. Although the property owner may be responsible for the spill, the court might find the claimant partly at fault for not heeding the warning.

Inappropriate Footwear

A claimant wearing high heels or unsuitable shoes on a construction site trips over uneven ground. While the property owner may have a duty to maintain safe conditions, the choice of footwear could contribute to the accident.

Distracted Walking

A pedestrian engrossed in their phone fails to notice a gap in a footpath and trips, sustaining injuries. The court may consider the pedestrian partially responsible for not paying attention to their surroundings.

Walking in Restricted Areas

A customer in a shop enters a clearly marked “Staff Only” zone with uneven flooring and falls. The claimant’s decision to ignore the restriction could lead to a finding of contributory negligence.

Failing to Use Handrails

A claimant carrying multiple items chooses not to use a handrail on a staircase and falls. The property owner might be partially liable for a hazard, but the claimant’s failure to take basic precautions can reduce the compensation.

Running or Rushing

A person running through a supermarket slips on a spill. While the store may be liable for failing to clean the spill promptly, the claimant’s rushed behaviour may be deemed a contributing factor.

Ignoring Obvious Hazards

A claimant trips over a visible obstruction, such as a stack of boxes in a shop aisle. If the hazard was obvious and avoidable, the court may reduce the compensation.

Using Unsafe Equipment

A worker uses an unstable ladder despite warnings or visible defects and falls. The employer may share liability, but the worker’s decision to proceed with the unsafe equipment could constitute contributory negligence.

Alcohol or Drug Impairment

A claimant under the influence of alcohol trips on uneven flooring in a public place. Even if the property owner is liable, the claimant’s impairment could significantly reduce their compensation.

Not Reporting Hazards in Rented Accommodation

A tenant who notices loose carpeting in their rental property but fails to report it to the landlord trips and falls. The court may find the tenant partly at fault for not taking reasonable steps to address the issue.

Deliberate Risk-taking

A person climbs onto a roof with no edge rail and a sign warning them of danger. The decision to disregard explicit safety instructions may result in reduced compensation.

In these situations, the court balances the negligence of the property owner with the claimant’s responsibility and may reduce the compensation accordingly.

What to Do After an Accident

Taking the right steps immediately after your accident can strengthen your claim:

  • Report the incident: Inform the property owner or manager and ensure the incident is documented.
  • Photograph the scene: Capture the hazard and surroundings for evidence.
  • Seek medical attention: Obtain a professional assessment of your injuries.
  • Collect witness information: Note the contact details of anyone who witnessed the accident.
  • Preserve evidence: Retain the footwear and clothing worn during the accident.
  • Contact a solicitor: Engage a solicitor to guide you through the claims process.

The Claims Process

Our goal is to make your claims process as straightforward and stress-free as possible:

  • Consultation: Discuss your case with us during a free consultation.
  • Evidence gathering: We collect medical records, witness statements, and photographs to support your claim.
  • PIAB application: We submit your case to the Personal Injuries Resolution Board (also known as PIAB) for evaluation.
  • Assessment outcome: Both parties review the Injuries Resolution Board’s compensation assessment. If accepted, compensation is paid promptly. If rejected, court proceedings can be initiated.

Compensation Categories

Compensation for slip, trip, and fall claims typically includes:

  • General damages: For pain, suffering, and loss of quality of life.
  • Special damages: For financial losses such as:
    • Medical expenses
    • Lost earnings
    • Travel costs
    • Rehabilitation expenses
    • Home modifications

Time Limits

Generally, a personal injury claim must be brought within two years of the accident or the date that the injured party became aware of the significance of injury. For minors, the time limit begins on their 18th birthday. Prompt action ensures evidence is preserved and deadlines are met.

Why Choose Good & Murray Smith LLP?

We understand that a slip, trip, or fall is more than just an accident. It can change your life. Here’s why we’re the right choice:

  • Unmatched expertise: Decades of experience and thousands of personal injury claims processed.
  • Compassionate care: We prioritise your well-being throughout the process.
  • Proven success: A strong track record of securing maximum compensation for clients.

Let us stand by your side and fight for the justice you deserve.

Frequently Asked Questions

Yes, if you were lawfully on private property and sustained injuries due to the property owner’s negligence, you may be entitled to compensation. Property owners are obliged to take reasonable steps to ensure that a visitor to a premises does not suffer injury.

If a property owner denies liability, gathering evidence such as photographs of the hazard, witness statements, and medical reports is crucial. A personal injury solicitor can help evaluate your case and provide guidance on how to proceed.

If your injury was caused by your landlord’s failure to maintain the property to a safe standard, you may have grounds for a claim. Landlords are legally required to ensure rental properties are free of hazards that could cause injury.

While it’s not always mandatory, reporting your accident to the relevant authorities, such as the Health and Safety Authority (HSA) in workplace cases, can strengthen your claim with official documentation of the incident.

Yes, psychological injuries such as anxiety or post-traumatic stress caused by the accident can be included in your claim. Medical evidence will be required to substantiate these injuries.

Yes. However, property owners generally owe a lesser duty of care to trespassers. They are required not to act with reckless disregard for their safety. Proving recklessness can be more difficult, but it does happen and it is worthwhile speaking to a solicitor to assess the claim. 

Yes, loss of earnings due to your inability to work as a result of the accident can be claimed under special damages. This may include both past and future income losses tied to your injuries.

Yes, if the shop failed to put up visible warning signs or address a spill or hazard in a reasonable timeframe, you may have grounds to claim. Proper maintenance and hazard warnings are the shop’s responsibility under Irish law.

Liability for accidents in shared spaces, such as corridors or food courts, often lies with the shopping centre management or property owner. Determining responsibility may involve examining lease agreements or maintenance contracts. More than one person may be liable. 

If a business failed to take reasonable steps, such as clearing ice or snow or providing slip-resistant mats at entrances, you may be able to claim. However, proving negligence in weather-related cases can be more difficult.

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If you or a loved one has been injured in a slip, trip, or fall accident, contact Good & Murray Smith LLP today. Let us guide you towards the resolution you need and the compensation you deserve.

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If you’ve been injured and believe you may have a claim, don’t wait. Good & Murray Smith LLP is here to help. Contact us to arrange a consultation to review your case and guide you through the next steps.