Making A Slip Trip and Fall Injury Claim In Scotland
Throughout this guide, we look at when you could be eligible to make a slip, trip and fall injury claim. There are a set of eligibility requirements that need to be met in order for you to have valid grounds to pursue personal injury compensation. We provide further guidance on these later in our guide, as well the time limits that need to be adhered to, and the evidence that could help strengthen your case.
Making A Slip, Trip and Fall Injury Claim In Scotland
Additionally, you can find information on the duty of care you’re owed at work and in a public place, with examples of how a slip or fall could occur if this duty isn’t upheld.
Furthermore, we explore the potential compensation that could be awarded if a claim is successful.
Lastly, we discuss the advantages of using a No Win No Fee solicitor when making a personal injury claim after a slip, trip or fall.
If you have any other questions regarding your potential case, please get in touch with an advisor. To do so, you can:
- Call the number on this page
- Make an enquiry about your potential claim online
- Write to an advisor through the live chat feature below
Choose A Section
- When Are You Able To Make A Slip, Trip And Fall Injury Claim In Scotland?
- What Evidence Could Be Used In A Slip, Trip And Fall Claim?
- How Long Do You Have To Make A Personal Injury Claim?
- Potential Payouts For Personal Injury Claims
- Use No Win No Fee Solicitors To Make A Slip, Trip And Fall Injury Claim
- Learn More About Personal Injury Claims
When Are You Able To Make A Slip, Trip And Fall Injury Claim In Scotland?
For you to have valid grounds to pursue a personal injury claim following a slip, trip or fall accident, you need to be able to show:
- A third party, such as an occupier, your employer, or another road user, owed you a duty of care.
- They breached this duty of care.
- The breach led to an accident in which you sustained harm.
Below, you can find more information on the duty of care owed to you and how a breach of duty could lead to you being injured in an accident at work, on the road, or in a public place.
Accidents In A Public Place
The Occupiers’ Liability (Scotland) Act 1960 outlines the duty of care occupiers owe members of the public. They must take steps to ensure their reasonable safety. Some of the steps they could take to ensure they uphold this duty include conducting risk assessments on a regular basis and implementing measures to reduce or remove the risk of injury posed by any known hazards.
If they failed to do so, it could lead to a slip, trip or fall accident in a public place. For example:
- You slip on a spillage in a supermarket that has been caused by fallen stock. No steps were taken to clean the spill or put signs down to make customer aware of the hazard despite complaints being made. As a result, you sustain a broken hand injury and head injury in the accident.
Accidents At Work
The Health and Safety at Work etc. Act 1974 outlines the duty of care employers owe their employees. They need to carry out reasonable and practicable steps to ensure employee safety at work or whilst work tasks are being performed. Some of the ways they could uphold their duty include:
- Ensuring that the appropriate training is provided to employees
- Conducting regular inspections to assess risk and address any issues
A failure to do so could lead to an employee sustaining an injury in an accident at work. For example, they could trip on trailing leads or wires that weren’t covered in an office leading them to sustain a broken leg and fractured ankle. Alternatively, an employee could fall from a height when working on a construction site due to no risk assessments being carried out or measures being put in place to address the potential risks of working from a height.
Call an advisor to discuss your specific circumstances and find out whether you could make a slip, trip and fall injury claim.
What Evidence Could Be Used In A Slip, Trip And Fall Claim?
Evidence can help support a slip, trip and fall injury claim as it can show whether a breach of duty occurred and if this caused you to sustain harm as a result. For that reason, you may wish to gather the following:
- A copy of the accident book report, if you were harmed at work.
- Photos that show your injuries and the accident scene, including any hazards.
- Copies of any CCTV footage.
- Witness contact details.
- Medical information and copies of records.
How Long Do You Have To Make A Personal Injury Claim?
The Prescription and Limitation (Scotland) Act 1973 outlines a three-year time limit to start a personal injury claim. This usually begins from the accident date.
However, some exceptions could apply, such as if the injured person is under the age of 16. In this instance, the time limit is paused until their 16th birthday when the three-year time limit will restart.
For more information about how long you have to begin a slip, trip and fall injury claim, call our team on the number above.
Potential Payouts For Personal Injury Claims
There are two heads of loss that can be awarded in a successful slip, trip and fall injury claim. General damages, the first head of loss, compensate for the pain and suffering as well as the physical and psychological impact of the injury.
Below we have included guideline compensation brackets from the Judicial College Guidelines by Judiciary UK. Solicitors often use these figures to help them calculate the value of general damages. However, other factors are considered when calculating how much compensation you should receive for your injuries. As such, you should only use these figures as a guide.
Award Bracket Amounts
| Area of Injury | Severity | Award Bracket - Guidelines | Notes |
|---|---|---|---|
| Head | Moderately Severe | £219,070 to £282,010 | A very serious cognitive or physical disability that leaves the person substantially dependent on others. |
| Neck | Severe (iii) | £45,470 to £55,990 | Injuries involving fractures, dislocations and severe soft tissue damage which create chronic conditions and significant, permanent disabilities. |
| Hand | Severe Fractures To Fingers | Up to £36,740 | Injuries may lead to partial amputations which lead to deformity, impaired grip and reduced mechanical function. |
| Leg | Less Serious (i) | £17,960 to £27,760 | This bracket includes cases where there is an incomplete recovery from fractures or serious soft tissue injuries. |
| Back | Moderate (ii) | £12,510 to £27,760 | Muscle and ligament disturbance that result in backache. |
| Ankle | Moderate | £13,740 to £26,590 | Fractures and ligament damage that create less serious disabilities such as difficulty walking on uneven ground. |
| Knee | Moderate (i) | £14,840 to £26,190 | Injuries that accelerate symptoms of a pre-existing condition over a prolonged period. |
| Wrist | Less Severe | £12,590 to £24,500 | A permanent disability is caused, such as a degree of ongoing stiffness and pain in the wrist. |
| Shoulder | Moderate | £7,890 to £12,770 | Frozen shoulder that leaves restricted movement and persisting discomfort for approximately 24 months after but not permanently. |
| Elbow | Moderate or Minor | Up to £12,590 | Injuries such as simple fractures, tennis elbow syndrome and lacerations. There is no damage of a permanent nature and function is not impaired permanently. |
Please note, the JCG figures are used for claims made in England and Wales.
Claiming Special Damages In Slip and Trip Claims
The second head of loss is called special damages which compensate for the monetary expenses incurred due to your injuries. For example, you could receive compensation under this head to reimburse you for:
- Loss of earnings
- Care costs
- Travel costs
- Medical expenses
It’s important to gather evidence of these losses. As such, you should keep hold of any receipts and payslips, as well as invoices that can show the costs you incurred.
You can find out more about personal injury settlements and how they are calculated by calling the number above.
Use No Win No Fee Solicitors To Make A Slip, Trip And Fall Injury Claim
If you have valid grounds to proceed with your case and wish to seek legal representation, you may benefit from working with a No Win No Fee solicitor. They could offer either a Damages Based Agreement or a Speculative Fee Agreement under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018.
Typically, this means there is no need for any payments for the solicitor’s services to be made if the claim is not a success. If the claim has a successful outcome, a legally capped percentage of the compensation will be taken from the compensation you receive. You will have the chance to discuss this fee with your solicitor prior to them beginning any work on your case.
For more information about making a slip, trip and fall injury claim, please contact an advisor. They can offer free advice and answer any questions you may have about seeking personal injury compensation. To reach them, you can:
- Call the number on this page
- Contact us by filling out our online form
- Write to an advisor using the live chat feature below.
Learn More About Personal Injury Claims
We have included more of our guides below:
- Find out if you could claim for an accident at work if you’re self-employed.
- Learn whether you could seek compensation for a spinal injury.
- Read our helpful guide to learn whether you could claim for a back injury at work.
Additionally, we have included some other resources that you may find helpful:
- NHS Inform – Right Care Right Place
- Health and Safety Executive – Workplace health and safety statistics
- GOV.UK – Statutory Sick Pay (SSP)
Thank you for reading this article on when you could be eligible to make a slip, trip and fall injury claim. If you have any other questions or queries at all, please get in touch on the contact details above.
Writer Jeff Winter
Editor Meg Murial
