As autumn turns into winter and the frost bites, roads and pavements become dangerous as the risk of slipping on ice increases.
If you have been harmed because you fell on ice which a local authority failed to clear, you may be entitled to make a claim.
As stated in the The Highways Act of 1980 it is the responsibility of the relevant local authority to ensure that roads and pathways remain clear.
In the winter months just walking from A to B can be a risk, and particularly vulnerable are the elderly who can suffer serious injury when they fall.
Whether or not you are entitled to make a claim after slipping on a public road or walkway depends on when the ice formed or the snow fell.
When can you claim?
The Highway Act states that local authorities have a duty to ensure roads and pavements are safe to use as far as is reasonably practicable.
In effect this means if you slipped as soon as the snow fell or the ice formed, you are unlikely to be successful in your claim because a local authority can reasonably say they did not have time to act to rectify the situation.
Falling on snow and ice after a local authority has had time to clear the pavement or road on which you slipped is more likely to lead to a claims success.
If you have been injured you will need to seek medical attention, when you are treated request a report listing details of your injuries as this will help at a later date when you make you claim.
What to do after a fall.
- Take photos, gather witness details and record as many facts as possible.
- Where was the road or pavement you slipped?
- How long had it been left icy?
- Was the ice reported to the authorities as unsafe ?
Slip and trip accidents can be serious, falling on frozen ground can cause injuries such as broken bones, spinal damage, head injuries and whiplash. Recovery after injury can take quite a while which could mean time off work resulting in loss of earnings.
If your slip or fall happened because a local authority was negligent and failed to act and make a walkway safe, then you can claim for your pain & suffering, medical expenses and loss of earnings.
How much compensation could you receive?
The amount you could be awarded depends on the circumstances of your accident and the extent and severity of your injuries.