Ice - a danger, but is it a hazard that can lead to a successful claim?

Slipping on Ice - can you claim Personal Injury Compensation?

By recent standards, this current winter has been a cold one! For the first time in ages, we have had frozen lakes, frozen canals and frozen rivers. On many a cold morning - and even through the day on a colder day - the good folk of this land (including me!) have spent time scraping the ice from our windscreens before driving to work and the walking carefully from our cars to our offices to ensure that we don't slip and hurt ourselves. At this time of year, we get many calls from clients who have fallen on icy paths and steps, and sustained nasty injuries - usually fractures to wrists and arms. The one thing that all of these callers have in common is that they have slipped on ice, sustained nasty injuries and received medical treatment. But does that mean they have a claim?

Unlikely to be successful

Unfortunately, in the vast majority of these cases, we are unable to assist the caller and have to reject the matter. It falls down to a duty of care and the strength of liability against the people or authority responsible for the area in which the individual fell. For example, should someone slip and fall on a public footpath due to ice, it is highly unlikely that they would be able to prove sufficient liability against the local authority highways department responsible for the path to enable them to win any claim for Personal Injury compensation. Clearly, such authorities are obliged to grit/salt the roads etc in their areas, but they must prioritise the order in which they grit the roads and footpaths in their areas. It goes without saying that the main responsibility is to ensure that major roads are gritted - starting with motorways and A class roads, then moving on to heavy use B roads then if there is still time and the main roads are still safe, the c roads and unclassified roads and eventually the footpaths and pavements. As you might guess, the footpaths and pavements rarely get treated and it is easy to see why. So in a nutshell, if you are walking on icy paths, take care - you are unlikely to be able to claim compensation for any injuries sustained.

Exceptions

The duty of care on other parties when it comes to ice, can be far easier to claim against. For example, work yards where an employer expects staff to operate must be treated within a reasonable time of the ice appearing. Car parks and entrance ways at places of work or schools should also be treated - or signage situated to warn of the hazards. Steps and platforms at bus and train stations are also subject to higher duties of care. If you fall in any of these places on ice (or any other public location for that matter) ensure that your accident is recorded in the accident book, seek medical attention and then call us! It is likely that we will be able to take such a claim forward for you.

Making your claim

To make your claim, come to us. Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.

Who is to blame for an increase in dangerous pavement surfaces?

It wasn't me honest...

Over the course of the recent months, there have been numerous media stories that have been coming from the point of view of local authorities regarding the terrible strain that they have been placed under by the 'growing number' of Personal Injury Compensation Claims made against them. To us, this seems a bizarre thing for the authorities to do and it appears that they wish to shirk responsibility for their mismanagement of their statutory duties.
The media stories being released are trying to convince Joe Public that the reason for the increase in dangerous pavements that are liable to lead to injuries for which they will have to pay compensation is because of the amount of money being sucked out of their budgets to settle Personal Injury claims. Words and phrases used when mentioning claims include 'over zealous' 'frivolous' and even 'questionable'. For those who know the truth, these stories and versions of events just don't add up!

Their argument

The authorities see it that they cannot spend money repairing the pavement surfaces because they are having to keep funds aside to fight claims and fund staff to do the defence work. Well, this doesn't add up either. For one, they have insurance and secondly local authorities have had a statutory duty of care regarding pavement surfaces etc for 20odd years now. The councils state that they have had to shelve repair and remedial work due to a lack of funds. Well, our argument is that if they had carried out adequate bi-annual inspection regimes, repaired dangerous pavements before they deteriorated to such an extent that the cost of making repairs ballooned.

Defending the truth

Thankfully, there have been some stories from the 'other side of the fence' - from the point of view of the injured party and that of Joe Public. Solicitors and Industry bodies have pointed out that there has been a declining standard of pavements and a drop in investment in repairs for many years and that there has been no new drop in repairs due to the modern 'claims culture' that we are being hoodwinked in to believing.
We have the knowledge of what to many, a simple fall on a damaged pavement can do to peoples lives. Clients of ours have had their entire lives turned upside down due to sustaining injuries in such falls. Often, especially to the elderly, a fracture to a wrist, leg or spine can end the independence that we all cherish. This is no small matter. In our view, the authorities must accept responsibility for making the repairs we all want to see. If the pavements are sound, inspections are carried out and minor repairs undertaken when needed, then the councils won't face claims in the first place. Simple isn't it?!

Duty of care

Remember, your local authority highways department has a statutory duty of care to ensure that the pavements in your area are free from hazards. If you think that there is a hazard that could cause injury, phone your council and report the matter. They can come and inspect it and decide if it requires remedial work. Let's do our part and trust that the councils will do the same.

Making your claim

To make your claim, come to us. Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.