Who is responsible for a slip, trip and fall accident? Sometimes, the injured individual can be responsible for the accident and the injuries. At other times, no one at all is responsible and it is only an unfortunate accident. However, at other times, another individual or organisation's negligence may have led to the accident.
If you were injured because of your own negligence, you do not have anything to do other than seek medical help. The same applies to unfortunate accidents. However, if the accident was caused by the negligence of someone else, you may have a claim.
Understanding Negligence
Negligence depends on certain circumstances. Suppose you slipped on a piece of food, which another diner had just dropped on the cafe floor, and you suffered an injury. The cafe owner or staff cannot reasonably be aware of the potential hazard. Therefore, it is just an accident where no one is to blame.
However, if there is a water spill in the aisle of a departmental store and it was there for a considerable time, it is reasonable to consider that the staff members were aware of it. If you slipped due to this spill, the store owner and staff were negligent.
Getting Medical Aid
Consulting a doctor is important if you are injured from the fall. If you get first aid at home or at the place of the accident, there are no medical records to support this if you later decide to make a claim, which may become necessary if you realise that your injuries were worse than what was apparent immediately after the slip and fall.
Some injuries, such as whiplash injuries, may take time to manifest. If you fail to get medical attention on time, the respondent may claim that you waited for the injury to worsen to increase the compensation amount.
Taking the Right Steps
It is important to stay calm when you suffer an injury in a slip, trip and fall. However, this is not always easy. You need to pay attention to what you must and must not do immediately after the accident. Make sure the incident is recorded in the accident report book on the premises. Remain polite but try to avoid any questions about liability for the accident.
If possible, and if you do not feel pain or unease, try to collect the names and contact numbers of the people around you. This may include the diners and staff at the cafe or the shoppers and sales people at the departmental store.
Making a Claim
You need to make this personal injury claim to the Injuries Board Ireland. This authoritative body can complete the assessment of damages you suffered based on the documents that you and the respondent submit. The respondent, or their insurance company, may also request for an early settlement.
The majority of personal injury claims are settled at the negotiation stage. However, if there are legal disputes related to the liability for the slip and fall or the parties cannot agree to a settlement, the claim must be taken to the Court System.
previous post