A common injury that people have results from slipping or tripping on a road, pavement or inside a premises.
Your local county council is responsible for the upkeep of public pathways and to provide adequate public lighting so if a person falls and injures themselves there can be a cause of action against them. It does not follow that the county council is at fault in every instance. An injured person must prove that the injury they suffered was as a result of the negligence of the county council in repairing a road or pavement. (this known as malfeasance). An old section of road that has acquired potholes or become bumpy does not give rise to any action against the county council and this is known as non feasance.
Workplace injuries are common, so employers must ensure, as far as is possible, that there are no hazards in the workplace that could result in injuries. Employers are required to provide and maintain a safe environment, and also safe access to and egress from work.
Supermarket floors have often been the cause of accident resulting from spilled liquids creating a slippery surface and dangerous conditions to walk on.
Public building owners must ensure that areas where the public can access must be safe. In a case against a museum, the museum's staircase was deemed not sufficiently safe when an Australian tourist slipped on it and succeeded in his claim for injuries. In that case, the judge found that the museum’s Portland stone steps were shiny and slippery and the 70-year-old tourist ruptured a leg tendon and suffered significant trauma, discomfort, inconvenience, expense and upset.
The judge awarded €67,000 in damages.
Common injuries that can give rise to claims are:
Bruises, cuts, and abrasions
Sprains
Bone fractures
Head injuries
Contributory Negligence
Often a defence to a personal injury claim is that the injured person themselves contributed to the accident. For instance, if an accident occurred on a dance floor where the individual tripped or slipped and injured themselves. If the injured person had alcohol taken, a court will take into account whether the amount of alcohol taken may have contributed to the person falling. A court can reduce the amount of damages awarded as a result of contributory negligence.
What to Do If Injured in a Fall?
Seek medical attention, note the date, where you received the examination/treatment and names of doctor/nurse.
If there were witnesses, get their names and contact details.
Report the accident to the relevant authority, business, or owner/manager of building.
Gather all evidence, real time photographs of the place you fell are particularly helpful.
Copies of prescriptions or documents relevant to the medical treatment.
A record of any costs and expenses that relate specifically to the accident.
If you wish to pursue a claim for the injury then consult your solicitor within a reasonable timeframe. There is a time limit of two (2) years for taking a personal injury case. There are some exceptions to this time limit but your solicitor will advise you on this.
Jurisdiction
Listen to the advice your solicitor gives on this. Some people issue High Court proceedings whereas the claim amount would be more suited to a lower court. This could be a problem. If you win in the High Court but the award is within theCircuit Court jurisdiction, then you will only get costs on the Circuit Court scale.
Comments