Street Slips Injury Compensation

My friend tells me I am entitled to claim street slips injury compensation from the local council because I slipped on an icy pavement and injured my back when out shopping. Is this correct?

Question:

My friend tells me I am entitled to claim street slips injury compensation from the local council because I slipped on an icy pavement and injured my back when out shopping. Is this correct?

Answer:

Making a claim for street slips injury compensation is often complex for two reasons. Firstly the local council do not have an “absolute” duty to keep the streets free from ice and snow (Highways Act 1980 s41a – see also Pace v Swansea City & County Council 10.7.2007) and secondly the council may not actually be responsible for your injury if the slip occurred in a public area maintained by a private company – such as a shopping centre.

If the pavement on which you slipped was the responsibility of the local council, the success of your street slips injury compensation claim will largely depend on whether it was “reasonably practicable” for the council to provide a safe passage at the time of your accident. Therefore, if you were out shopping in the early hours of the morning after an unexpected heavy snowfall, it would be unlikely that your claim for street slips compensation would be particularly strong in the eyes of the law. If, however, you slip occurred in the early afternoon – when the local council have had more time to address hazards on popular thoroughfares – then you are likely to receive a more representative street slips injury compensation settlement in relation to your injuries.

Whereas the law concerning local council liability in street slips injury compensation claims is not entirely clear, when it is the responsibility of the shopping area you were visiting to maintain a hazard-free passageway, the law is definitely on your side. Provided reasonable time has been permitted to enable the responsible party to clear the pavements of ice and snow, they are subsequently considered at fault should a pedestrian slip and injury themselves on their premises.

Even when liability has been established, there are still a number of procedures that have to be completed before you can be assured of making a successful street slips injury compensation claim, so you are advised to contact a personal injury solicitor at the earliest possible opportunity and discuss the specific circumstances surrounding your injury. A personal injury solicitor will advise you whether you have a street slips injury compensation claim which is worth your while to pursue, and guide you through the procedures required to ensure a fair and adequate street slips injury compensation settlement.