Slips and Trips - Jackson Boyd

Slips and Trips – How We Help

At Jackson Boyd we have extensive experience helping people across Scotland who have tripped or slipped and hurt themselves. Thanks to our proven expertise in this area of law we are in a strong position to help you obtain the compensation you are entitled to, whatever the nature of your injury or where it occurred.

Trips and slips can happen for a whole range of reasons – you may have slipped on a wet floor in a supermarket or tripped on an uneven road or pavement. These types of accidents can result in serious injuries, including broken limbs and concussion. If you have been hurt as a result of a trip or slip, and it can be proved that another party’s negligence was to blame, then you may be eligible for compensation.

We have answered some of our clients most frequently asked questions below, however if you would like advice on whether you can make a claim for an injury that resulted from a slip or a trip, get in touch with Jackson Boyd today. We offer a free consultation service and operate on a no-win, no-fee basis.

Your Questions Answered

Can I make a claim for my trip or slip injury?

It is important to realise that just because you have slipped or tripped and been injured, it does not automatically mean that you will be entitled to compensation, even if the accident wasn’t your fault.

For example, councils are not expected to keep every road and pavement perfect at all times; that would be impossible. Similarly, occupiers of public buildings such as restaurants and bars are not expected to keep their premises free from spillages, debris etc at all times either. Both are only expected to do what is deemed reasonable.

In order to be successful with a trip or slip claim it must be possible to show that the person or organisation responsible for the place where you slipped or fell was negligent – in other words that they did not meet their duty of care. For example, it must be shown that the defect that caused the slip or trip was significant enough to require a repair. It must also be shown that the defect was known about but not fixed or that the other party should have known about it if they had carried out an adequate programme of inspection.

If the party who caused your accident, failed in their statutory duty then you may be eligible for compensation for any injury you have suffered, even if you have not received any medical treatment for the injury. As specialist injury lawyers, Jackson Boyd will be able to advise you if this is the case.

What level of compensation might I receive?

It is impossible to answer this question at the outset of a claim, as it is dependent on so many inter-linked factors, including the severity of your slip or trip injury (and whether they have long-lasting impacts) and the nature of the losses you have suffered (including medical costs and lost earnings – both past and future).

Once we have made an initial assessment of your case, we will be able to give you a rough indication of what we would expect to achieve. See our article, ‘More Than Just Personal Injury’ which provides full details on the losses you can claim for.

What should I do if I’ve slipped or tripped in a public place?

It is important to gather as much information as possible. In the first instance take photos of the place where the slip or trip occurred. If you tripped on the edge of a pothole, raised paving stone or other similar hazard then try and take measurements, or include something in your photograph that will give an indication of scale (such as a ruler or a 20p or 50p coin). Get witness statements from anyone who saw you slip or trip and, if possible, find someone who can tell you how long a hazard has existed or if it has been reported (eg. a shop worker). Ensure you make a written report of the accident to the local authority or the owner/occupier of the land.

Guidance on the best way to take photographs can be found in our Guide to Photographing Road and Pavement Defects.

If you ask us to take up your case, we will gather additional evidence from a variety of sources, including the doctor(s) who have treated you (if you needed medical attention).

Will I need to go for a medical examination?

Yes. If you ask us to take up your case, we will arrange a consultation with an independent medical expert (even if you are no longer experiencing any symptoms from the injury), who will examine you, look at your medical records and provide us with a medical report which will form the basis of our valuation of your injuries.

What happens when I make a claim for an injury causes by a slip or trip?

The journey of a personal injury claim can appear complex and daunting, but Jackson Boyd will be with you every step of the way. Call us and our First Response team will talk with you and assess how best to deal with your case. We will then collect all the evidence and medical details that we need to put together our case and value your claim. Let Jackson Boyd take the weight of bringing a personal injury claim off your shoulders.

Once we have obtained all of the relevant evidence we will then seek a settlement offer. In a small number of cases it may be necessary to go to court, where we will represent you. For full details see our article on The Journey of Your Personal Injury Claim.

How long will it take?

In an ideal world, your claim for a slip or trip injury would be resolved within weeks but, unfortunately, the reality is the length of time it takes for claims to conclude can range from months to years. The timings will depend on the complexity of the case and the severity of your injuries. Particularly in cases where injuries are serious, it is important to take the time to collect all necessary information and to establish the true value of the claim.

What will it cost?

For all personal injury work, we provide a no-win, no-fee service, which is exactly as it says – if your claim is successful our fee is 20% plus VAT of your settlement figure; however, if your claim is not successful we do not charge a fee.

Will I have to go to court?

In most cases, personal injury claims can be settled without the need to go to court. However, there are a number of circumstances in which claims do proceed to court. These include when the liability of the accident or the cause of the injuries are being disputed or if the third party does not make an acceptable compensation offer. Even where a court action has to be raised around 95% of such cases settle without a court hearing. If you have to go to court we will represent you and provide you with all the support and advice you will need.

What is the time limit for bringing a claim for a slip or trip injury?

The normal time limit for bringing a claim for an injury in a public place is three years after the time you sustained the injury or became aware that you had been injured. In some circumstances, this time limit may be extended.

Why Jackson Boyd?

As specialist injury lawyers, we have in-depth experience and knowledge of all aspects of the law relating to personal injury claims that result from slips or trips. Unlike most ‘general’ law firms, we have the expertise to know whether it is worth pursuing a claim and exactly what information needs to be gathered. We also know how best to value a claim and how to gain fair and just compensation for our clients.

Our expertise in this field is shown by the fact that we are recognised in the Legal 500 rankings and that we have an excellent score in Trust Pilot.

At Jackson Boyd, we also know that rehabilitation is a crucial part of your personal injury claim. We are able to arrange your rehabilitation treatment with our own treatment providers, meaning that you can be seen immediately. You can find out more about rehabilitation in your personal injury claim here.