How Do You Prove A Slip And Fall Case?

How do you prove a slip and fall case? It can seem as if the accident that caused your injury was because of your own clumsiness or lack of attention. However, if you’re in a place that’s accessible to the public (such as a park or supermarket) or at work, you may find that your injuries weren’t your fault. A third party has a duty to protect your safety in certain circumstances. A breach of this duty can be frustrating when you know that you took care and still fell victim to injury.

How Do You Prove A Slip And Fall Case?

In this article, we offer advice on how to substantiate your claim, prove that the negligence of others caused your injury, and we demonstrate how a No Win No Fee lawyer can calculate compensation that you could be owed.

Slips, trips, and falls can seem like minor issues but this is not necessarily true. Depending on how badly you fall, what you land on, and other factors, it’s easily possible to really hurt yourself in all manner of ways.

Negligence on the part of others at work or in public can cause slips, trips, and falls and we explain how you can prove this effectively. You might be ready to start a claim right now and we can help you get started. Contact us by:

  • Calling our personal injury claims team on 0161 696 9685. They’re available 24/7 to take your call.
  • Writing to us at Advice.co.uk.
  • Speaking to Natalie through our live support option for on-the-spot, free legal advice.

Our advisors could discuss your claim with you at no charge or connect you with a No Win No Fee lawyer to take on your case. Continue reading to find the answer to that all-important question after your injury—how do you prove a slip and fall case?

Select A Section

  1. A Guide: How Do You Prove A Slip And Fall Case?
  2. Calculating Compensation For Slips, Trips, And Falls
  3. Special Damages Calculator
  4. What Are Slips, Trips, And Falls?
  5. What Is The Reasonable Person Test?
  6. Evidence Is Needed For A Personal Injury Claim
  7. How Do You Establish If A Duty Of Care Is Owed?
  8. Could The Slip And Fall Accident Have Been Prevented?
  9. No Win No Fee Claims For Slips And Falls
  10. Contact Us
  11. More Information
  12. Statistics: Slips, Falls And Trips In The Workplace

A Guide: How Do You Prove A Slip And Fall Case?

A sudden fall or trip can be a shock. You may take care as you go about your day and try your best to avoid injury for obvious reasons. Even then, it can be possible to not see an obstacle or slip on a patch of wet flooring and go down hard.

Perhaps a poorly lit stairwell caused you to fall, or a change in the level of an unmarked floor height caused a trip and you landed badly. It’s very easily done. And it can happen anywhere—at work, in the supermarket or on the street.

If you’re sure the accident happened because of the negligent disregard or failure of others to prevent hazards, how do you prove a slip and fall case? It can be more straightforward than you think. This article explains how you can gather evidence, calculate possible damages and win compensation from the party who failed you.

We conclude our article with advice on how to connect with a personal injury lawyer with the expertise and wisdom to maximise your compensation claim. Throughout, we provide links and further resources to help inform your decision and successfully prove a slip and fall case.

Calculating Compensation For Slips, Trips, And Falls

It’s incredibly easy to trip or slip on an unmarked obstacle, a wet floor, or a flight of stairs in so many different places. After your injury, you may see a deluge of unwanted costs crowding in.

The process of calculating compensation works in the following ways:

  • To prove the accident caused or worsened your injuries, you would have a medical examination with an independent professional.
  • The results of this examination can support and strengthen your claim for compensation.
  • Using this evidence, you—or if you choose to use one, a personal injury solicitor—can calculate general damages (compensation for pain and suffering).
  • Your financial losses and incurred out-of-pocket expenses can be calculated separately as special damages. (We look at special damages in the section below.) 
  • Combining these two heads of damages, you or your personal injury solicitor can arrive at an accurate and realistic compensation amount to aim for.

Our table below shows what the Judicial College Guidelines recommends as compensation for some injuries (general damages). The JCG is a regularly updated publication that solicitors may use to value injuries. If you can’t find your injury in the table below, call our advisors to find out how much yours might be valued at.

InjurySeveritycommentsHow much?
Brain/Head InjuryMinorIf there is any brain damage, it will be minor.
The lower end of the award will be appropriate for claimants who have a full recovery within a few weeks.
£2,070 to £11,980
Hand InjurySerious damage to both handsInjuries include permanent visible damage and impaired function.£52,310 to £79,360
Hand InjurySerious Hand InjuriesInjuries include those that cause the hand to have 50% of their previous function. £27,220 to £58,100
Hand InjuryModerate Hand InjuryInjuries include crush injuries, deep wounds and penetrating lacerations.
£5,260 to £12,460

Knee InjurySevereInjuries lead to osteoarthritis, damage to knee ligaments, serious pain and treatment will be lengthy.£65,440 to £90,290
Knee InjuryModerateInjuries include dislocation, torn cartilage (such as the meniscus) causing which results in some immobility.£13,920 to £24,580
Back InjurySevereInjuries may involve damage to the spinal cord and nerve roots, leading to serious, long-term effects.£85,470 to £151,070
Back InjuryModerateInjuries include fractures of the lower back vertebrae where osteoarthritis isn't unlikely and pain is continuous.£26,050 to £36,390
Shoulder InjurySevereOften caused by neck injuries, injuries include those that result in significant disability. £18,020 to £45,070
Shoulder InjuryModerateFrozen shoulder injuries that persist for about two years. Soft tissue injuries that last longer than two years, but aren't permanent. £7,410 to £11,980

Fractures of the Jawi)Injuries include severe multiple fractures needing long-term treatment.£28,610 to £42,730
Fractures of the Jawiii)Injuries include uncomplicated fractures.£6,060 to £8,200

Some prospective claimants may rely on on-the-spot personal injury claims calculators to arrive at a figure for their injuries. This can be useful but may fail to take into account every detail of your circumstances. For example, you may have been partially liable for your injury or have a pre-existing condition that was worsened. Though you could still claim, these instances could affect your case.

At Advice.co.uk, we approach your case from a much more personal and detailed angle. Our advisors would talk with you, listen to every aspect of your accident and injury, and respond with level-headed, consistent professionalism throughout. They could then offer you a free estimation of what your claim could be worth. To find out more, get in touch on the number at the top of the page.

Special Damages Calculator

Whilst general damages can take their cue from recommended awards in the Judicial College Guidelines, special damages concentrate on the other consequences of your injury that have cost you money. An accident can be accompanied by a deluge of unwanted costs and unexpected expenses. Proving them could lead to compensation for these financial losses.

Any cost you can prove as a result of your injuries, caused through no fault of your own, could be included. Your personal injury solicitor (if you choose to use one) can help you track expenses and compile evidence that proves you were left out of pocket. You could use bills, receipts or prescriptions to prove your financial losses as well as other documents. 

You might be surprised to learn some of the losses that can be included. For example, loss of earnings and future or anticipated earnings can be included. You could also recover lost bonuses from work. Damage to your personal property as you fell, such as mobile phones or eyewear could be added, as can care costs for anyone who needed to look after you as you recovered. This can include family members if they can prove the time they took to look after you.

Forfeited deposits for holidays, child care, gardening, travel expenses, dog-walking, medical appliances, physiotherapy—this list of what you could claim can go on and on. 

You didn’t ask for the accident. And you certainly didn’t ask for the financial chaos your injuries could bring to your health and wealth. Speak to our personal injury claims team today to see what else you could win back as damages. If you’d like to discuss our guide and answers to the question ‘How do you prove a slip and fall case?’, they can help with that too.

What Are Slips, Trips, And Falls?

If we assume that people are taking as much care as possible and that it’s unlikely anyone would willingly inflict injury upon themselves, this still leaves a wide margin for potential hazards.

So, let’s look at some specific examples:

  • Many modern workspaces favour the use of sleek, polished floors which can be hazardous when wet. Unattended wet patches or spillages on floors can lead to slips. They should always be clearly marked off or have ‘cleaning in progress’ signs clearly visible. This can prevent the unwitting employee or visitor from slipping over violently and risking any sort of injury—from a sprained ankle to a fractured skull.
  • The Health and Safety at Work etc. Act 1974 asks employers to create the safest possible work environment. For example, they should train employees in the safe storage and use of materials, if appropriate. They should also ensure that employees keep anything that could cause a trip or fall out of harm’s way. Therefore, exposed cables, boxes or any materials which hinder clear, unobstructed access should be attended to in order to minimise the risk of injury.
  • Poor lighting can also cause slips, trips or falls. Taking a flight of stairs in the dark can be highly dangerous. A sudden fall down just a few steps can leave people with life-altering injuries if they land badly on their head or spine. The Occupiers’ Liability Act 1957 requires those in control of a public space to do all they can to protect our safety and wellbeing and anticipate hazards.
  • Ice that is not removed can be a real risk of injuries like twisted ankles, shattered knees, and fractures.

Depending on how you land, you could suffer a multitude of different injuries. Any slip, fall or trip may require you to reach out and attempt to break your fall. This can result in fractured wrists, broken elbows, or dislocated shoulders. In addition to this, you could collide with something as you fall. This can be much more serious if you bang your head.

What Is The Reasonable Person Test?

The reasonable person test is a legal concept that can be used to help decide whether the defendant was negligent. The main idea is to ask how a reasonable person would have reacted in the same circumstances.

In order to qualify this judgement, the court may seek the opinion of experts who work in the same role to see if they would have reacted differently. They will consider if the injured person behaved reasonably or whether they were doing something that contributed to their fall or slip.

Arriving at a sensible consensus, it’s possible to determine whether a person fell through no fault of their own or whether their individual conduct was a contributing factor. This way of looking at your claim could have far-reaching consequences.

If you’re concerned that you may be partially responsible for your injuries, you could still claim. Give our advisors a call to discuss your options. 

Evidence Needed For A Personal Injury Claim

Evidence is crucial for all personal injury cases. As we touched upon above, a medical assessment represents perhaps the most concrete piece of proof that you suffered injury from the accident you describe. This evidence can form the basis of your claim for compensation, but there are other things that can help too.

  • CCTV footage—obtain video evidence of your slip, trip or fall if you can. A picture can speak a thousand words on your behalf.
  • Witness contact details—anyone who was able to witness what happened and is willing to give a statement can bolster your claim.
  • Receipts, bills, and statements can prove outgoings that the injury caused.
  • Emergency services reports or A&E admission records can help too. 

Solid evidence can decrease the chance of your slip and fall claim being unsuccessful. It’s worth taking the time and trouble to gather the evidence suggested above. It can help you present a much more coherent and water-tight case.

How Do You Establish If A Duty Of Care Is Owed?

How do you prove a slip and fall case? You can start with the duty of care requirements contained in the Health and Safety at Work etc. Act 1974 and the Occupiers’ Liability Act 1957.

Duty of care means that your employers and people in control of public space have clear responsibilities to anticipate hazards and prevent injury to you as much as is reasonably practicable. What did they do or fail to do to ensure that you avoided slipping or tripping unnecessarily? It can be a simple oversight or a major breach in procedure, but if it resulted in causing you harm, they may be liable.

Liability would lie with a third party if you were able to prove that they failed in their duty of care. You should not be putting your job at risk if you make a claim as employers are required to have insurance for such matters and should see that you are compensated for your suffering. It is also unlawful to dismiss someone from employment because they’ve had an accident at work and are thinking of (or are in the process of) making a claim.

Put simply, if you suffered a slip, trip, or fall from an accident that you are fairly certain should not have happened at work or anywhere in public, speak to our personal injury team. 

Could The Slip And Fall Accident Have Been Prevented?

It’s important to note that there are practical ways to prevent slip, trip and fall accidents whether they are in the workplace or in a public setting. If all employers and occupiers are committed to the applied duty of care provisions outlined in the Acts mentioned above, it is possible to greatly limit risk. To limit risk, they could:

  • Ensure that all flooring is suitable and as anti-slip as appropriate.
  • Ensure spillages are clearly marked with adequate signage to avoid hazards.
  • Repair damaged floors promptly.
  • Make certain that stairs are square-edged and have handrails.
  • Staircases should be of the same proportions from top to bottom. Sudden changing levels can cause people to misjudge and fall.
  • Rainwater, dust and grease should be removed appropriately.
  • Provide suitable matting in the entrances and exits to provide footwear with the chance to dry before walking in.
  • Take a sensible approach to lighting stairwells, floor level changes and entrances or exits.

Installing proper heating to avoid areas becoming icy and slippery can help. The speedy disposal of refuse can also be beneficial as rubbish can create hazards or obstacles. A proactive approach to personal safety through common sense and personal awareness can do much to prevent falls.

The Health and Safety Executive offers advice on how to assess the safety of floor surfaces and gives practical steps in avoiding slips, trips, and falls in the workplace. You can read the legislation or contact our team for more information.

No Win No Fee Claims For Slips And Falls

No Win No Fee arrangements offer people a way of using the services of a personal injury lawyer without too much financial risk. There are three-year time limits for launching slip and trip claims. Building a case takes time and attempting it alone can be confusing and exhausting. Your No Win No Fee lawyer can instantly alleviate this stress from day one.

Perhaps the most attractive advantage is that there are no upfront fees to pay a No Win No Fee lawyer. In addition to this, there are no lawyer fees to pay as the case moves forward—however slowly or quickly this takes. When it comes to your case being settled, if it fails, there are no fees to pay your lawyers at all. When you sign a No Win No Fee agreement, you protect yourself with these benefits.

If your case wins, you would pay a small success fee to the lawyer, and the law keeps this capped. 

Your lawyer will advise about the likelihood of success right at the start, so you won’t waste your time or theirs with a weak case. No Win No Fee can be convenient and useful for those who may struggle to fund a solicitor. Because your lawyer has a vested interest in winning the maximum amount, you can relax safe in the knowledge that they are utterly committed to your case too.

Contact Us

Thank you for reading our article. We hope it has helped you to answer the question ‘How do you prove a slip and fall case?’ Simplifying the complexity of legal issues is what we do best and our claims team can offer free legal advice on an array of issues like this. For help calculating compensation amounts for slips, trips and falls, reach out to us today. You can:

  • Call our personal injury claims team on 0161 696 9685. We’re available 24/7 to take your call.
  • Write to us at Advice.co.uk.
  • Speak to Natalie through our live support option for on-the-spot free legal advice.

Our personal injury claims team is available 24/7 to discuss your case. They can advise on what the average payout for a slip or fall is and calculate compensation amounts for you. 

More Information

Thank you for reading our guide answering the question ‘How do you prove a slip and fall case?’ Let’s summarise the main points below:

  • You suffered an injury through no fault of your own if the slip, trip, or fall was a result of someone else’s neglect.
  • You’ll need evidence to support your claim.
  • You can connect with a No Win No Fee personal injury lawyer to take your case on. They could calculate possible compensation and guide it to a positive conclusion.
  • You can simply get in touch to start your claim today.
  • We’re available 24/7 to take your call.

The resources below offer more information about the subjects we’ve discussed. 

To find out about how to calculate compensation for workplace injury, please read our guide.

Perhaps you are seeking compensation for a car accident? This is another area of expertise where our team can offer free legal advice.

We offer on-the-spot guidance on all aspects of personal injury claims and encourage you to look through our site if you suffered any type of personal injury in the workplace or in public or on the roads. Slips, trips, and falls are only a small part of what we can help with.

Read the Government’s regulations for working at heights. Unsafe procedures, missing equipment, or other failings on the part of your employer can cause falls. We can help.

Find out about RIDDOR and the procedures for reporting a serious injury in the workplace.

If you are looking for statistical breakdowns about workplace injuries, this resource can help.

Statistics: Slips, Falls And Trips In The Workplace

Slips, trips or falls on the same level are the most commonly reported non-fatal workplace accidents. They made up 29% of all non-fatal injuries reported through RIDDOR in 2019/20. 

There were 72,587 public accident cases registered to the Compensation Recovery Unit from April 2019 to March 2020. This doesn’t give the full picture of slip and trip claims but does give an insight into how many people seek compensation following public injuries. 

Data from a Freedom of Information Request shows that Network Rail paid nearly £1m in compensation from April 2014 to the end of March 2019 for slips, trips and falls that occurred at its stations.

Source: https://www.bbc.co.uk/news/uk-england-london-49256251

Injuries can make you suffer physically, psychologically and financially. If your injuries were caused by someone else, you may be able to claim and recover the costs. 

 Page by FS

Published by HE