{"id":13752,"date":"2013-09-25T14:28:59","date_gmt":"2013-09-25T13:28:59","guid":{"rendered":"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/?p=13752"},"modified":"2013-09-25T14:28:59","modified_gmt":"2013-09-25T13:28:59","slug":"trip-accident-claims-from-protruding-objects","status":"publish","type":"post","link":"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2013\/09\/25\/trip-accident-claims-from-protruding-objects\/","title":{"rendered":"Trip Accident Claims from Protruding Objects"},"content":{"rendered":"

\"protrudingCommonly a claim for personal injury for tripping<\/a> will either be pursued against an employer if it was at work, against an occupier if it was in a public place like a shop, or the council if it was on public grounds. The difference between who is potentially at fault actually has a significant impact on how good your claim is; so to make things easy, I\u2019ll split this article up for you in to three sections for each of the above.<\/p>\n

Tripping Accident at Work<\/strong><\/p>\n

There are all sorts of rules and regulations that employers are duty bound to adhere to. The Workplace (Health, Safety and Welfare) Regulations 1992 have a specific section for this as follows:
\n<\/p>\n

Every floor in a workplace and the surface of every traffic route in a workplace shall be of a construction such that the floor or surface of the traffic route is suitable for the purpose for which it is used<\/em>.<\/p>\n

The floor, or surface of the traffic route, shall have no hole or slope, or be uneven or slippery so as, in each case, to expose any person to a risk to his health or safety<\/em>.<\/p>\n

This important piece of legislation puts a duty on your employers to take all reasonable steps to ensure that there are no protrusions in the ground or affecting traffic routes that could expose an employee to a tripping hazard. When it comes to protrusions, commonly they are due to defects such as a tile becoming loose and raised, or a carpet strip curling up, or even a bolt or nail coming loose.<\/p>\n

You\u2019d expect that this is something that should be picked up on early and rectified by the employer. But if it isn\u2019t, you may have a successful accident at work claim for personal injury compensation<\/a> against them.<\/p>\n

Tripping in a Public Place (Supermarket, restaurant, etc)<\/strong><\/p>\n

Under the Occupiers Liability Act, the person(s) in control of a premises have a duty to ensure that any members of the public who are entitled to visit their premises are not exposed to any danger. The law places a duty on the occupier to take “all reasonable steps<\/em><\/strong>” to ensure this.<\/p>\n

Normally this comes down to inspection and maintenance regimes. There should be inspection and maintenance regimes to spot spillages and other materials accumulating on the floor and becoming a hazard, so a protrusion should really be something that is spotted and rectified as part of this. Whether you have a claim could come down to how long the protrusion has been a hazard for. If it\u2019s something that has simply been left without anything being done about it, you may have a successful claim for compensation. But if a proven inspection regime is in place, it can be very hard to win a claim.<\/p>\n

Highways Claims<\/strong><\/p>\n

These are by far the most difficult because Section 58 of the Highways Act 1980<\/em> allows the local authority a special defence to claims for personal injury compensation. Again, it involves this common term “taking all reasonable steps<\/em><\/strong>” which in the case of a highways authority makes it difficult. For example, a busy high street in the middle of a city centre may only be inspected once a month. This could be seen as reasonable. So if you trip on a protrusion in between their inspections, they can use their special defence.<\/p>\n

But what if you trip on a residential area with relatively low levels of traffic? Well inspection regimes can be up to 12 months, so winning a claim can be extremely difficult in these circumstances. However, there are of course other occasions when a protrusion may arise and is nothing to do with a defect forming in between inspections. What about a worker cutting out a bollard or another piece of street furniture and failing to remove or make safe a piece of it still sticking out of the ground?<\/p>\n

The best thing to do is call our free claims helpline on 0800 634 75 75 for help and advice<\/strong> today.<\/p>\n

100% Compensation For You<\/strong>!<\/p>\n

Unlike most other law firms, we still offer 100% compensation<\/strong> for work accidents, occupier\u2019s accident, and highway claims. Most firms will deduct 25% from your payout due to recent legislation that stops lawyers recovering all fees from the other side.<\/p>\n

For over law firms, the days of 100% compensation are over \u2013 but for us, we can still offer you a 100% compensation agreement<\/a> meaning you can keep every single penny of what is rightfully yours!<\/p>\n","protected":false},"excerpt":{"rendered":"

Commonly a claim for personal injury for tripping will either be pursued against an employer if it was at work, against an occupier if it was in a public place like a shop, or the council if it was on public grounds. The difference between who is potentially at fault actually has a significant impact … Continue reading Trip Accident Claims from Protruding Objects<\/span><\/a><\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[33],"tags":[],"class_list":["post-13752","post","type-post","status-publish","format-standard","hentry","category-slips-and-trips"],"yoast_head":"\nTrip Accident Claims from Protruding Objects<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2013\/09\/25\/trip-accident-claims-from-protruding-objects\/\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Trip Accident Claims from Protruding Objects\" \/>\n<meta property=\"og:description\" content=\"Commonly a claim for personal injury for tripping will either be pursued against an employer if it was at work, against an occupier if it was in a public place like a shop, or the council if it was on public grounds. 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