If you trip due to a dip in the pavement, a crack, or a hole that you simply didn’t see, you’re certain to feel a little sheepish, but does that mean you should actually be responsible for your own injuries? Who is truly responsible when you fall on the pavement?
If the condition of the pavement is what caused you to trip, you’re actually not responsible for your own fall. Instead, the responsibility reverts to the relevant local authority. Any defect has to be noted by the authority and repaired within a reasonable length of time to help prevent accidents like these from occurring. The problem, however, is defining a reasonable length of time and showing that your injuries were directly related to the problem spot in the pavement.
Is It That Serious?
Tripping may not seem too serious, but for some people, it has led to fairly severe injuries including broken bones, serious cuts, or even a concussion. While some people certainly exaggerate their injuries in cases like these, many legitimate problems can come from a simple pavement fall. Often individuals must make multiple visits to a GP, take time off work to recover, and deal with other consequences after falling on pavement that should have been long since repaired.
The Next Step
If you’ve been injured thanks to a slip and fall on damaged pavement, the first thing you should do is visit your GP or the local emergency department to ensure a professional takes a closer look at the seriousness of your injuries. If they are substantial, making a claim immediately is your right.
Contact us today to learn more about building a case and getting the compensation you deserve after a slip and fall on damaged pavement.
You’ve slipped and fallen and been injured in both spirit and body. It’s not merely embarrassing; it’s painful and it’s costly. Your medical bills have been mounting, adding insult to your injuries. Can you be compensated for a slip and fall accident?
Who’s to blame?
If your fall was due to someone else’s negligence and not your own, you may have grounds for compensation. Preventing potentially dangerous situations are the responsibility of property owners or the relevant authorities. Hazardous conditions like a wet floor or poorly maintained walkway could be the cause of an accident and resultant injury and thus, compensation.
Were you injured?
A stumble can certainly give your ego a dent and an outright fall, particularly in public, can be truly mortifying. However, damage to your sense of dignity isn’t typically considered an injury in legal terms. A bump or bruise is usually brushed off with a blush but physical damage isn’t so easily forgotten. Sprains, strains, broken bones, contusions, lacerations and abrasions can all be considered injuries. See a physician to determine the extent of your injuries if you are involved in a serious fall.
How long has it been?
There are certain limitations to claims. Even if you feel certain that a fall in your past caused a current medial issue, you may no longer be able to claim compensation. Seek medical and legal advice in a timely manner if you believe you should be compensated.
Do you have evidence?
In any legal matter, evidence is crucial to gaining compensation. Documentation may be a bother but it is necessary. If you are at all able, document the conditions of your fall at the moment or ask a friend or family member with you to do so. The ubiquitous nature of mobile phone cameras has made this step so much easier. If you cannot take care of this at the time of injury, go back as soon as possible for photographs.
Ask witnesses, employees or anyone who stops to help you for their names and contact information. Make a written complaint to the relevant authorities and keep a copy. Retain a record of emails sent and any responses that are received. Keep records of your medical diagnoses, treatments and bill as well. Make a thorough record of the fall and its results.
There isn’t a simple answer to the question of compensation. Legal expertise and experience can help you determine whether you are due compensation.