Slip, Trip and Fall Injuries*

Types of Injuries | by Simon McGarr
don't trip and fall on a shiny floor by allie pasquier

Trip and fall injuries can occur almost anywhere, from private homes to supermarkets to public pavements. An icy step or a wonky curbstone can mean significant injury and days or even weeks off work.

In many instances, a slip trip and fall is a normal–though unfortunate–part of life. Perhaps we trip over a curb, or simply aren’t looking where we’re going. Other times, however, trips and falls occur because of a hazardous condition on someone else’s property. If you have been injured by a trip or fall, the owner of the property where the accident took place may be responsible.

Following a slip, trip or fall on someone else’s property, you should:

  • Request that the property owner or an employee (if in a place of business) document the accident, and obtain a copy of their documentation;
  • Take a picture of the hazardous condition if possible;
  • Seek medical attention as soon as possible if you think you have been injured;
  • Seek help from a solicitor if necessary.

It is important to follow these procedures even if the accident occurs at your workplace. Do not allow your employer to intimidate you or talk you out of documenting the accident and/or filing for compensation. (See also Accidents at Work.)

Slip, Trip and Fall Accident Compensation*

The following information may be helpful to you in determining whether you are eligible for compensation for a slip, trip or fall.

All property owners, whether their property is public or private, have a duty to keep their premises reasonably clean and safe, and many carry slip and fall insurance. This means that if you have been injured due to a hazardous condition, the property owner’s insurance may be responsible for paying for those injuries.

A property owner is generally NOT responsible for your injury if:

  • You were trespassing at the time the accident took place;
  • You were acting carelessly at the time the accident took place, and this contributed to the accident;
  • An ordinary person would have noticed the hazardous condition and avoided it;
  • The hazardous condition did not exist long enough for the property owner to reasonably discover and correct it;
  • The property owner took reasonable steps to prevent the accident, such as placing a barrier or warning sign near the hazardous condition.

A property owner MAY be responsible for your injury if:

  • The property owner or an employee caused the hazardous condition;
  • The property owner or an employee knew or should have known about the hazardous condition and did not correct it;
  • The property owner did not take reasonable steps to prevent the accident, such as placing a barrier or warning sign near the hazardous condition.

Not all of these conditions must be present in order to make a successful claim for an injury — sometimes just one is enough to make the property owner liable. A good solicitor can help you determine whether you have a valid claim for compensation. Trip and fall accident victims only have a certain amount of time to file a compensation claim, so it is important to file your claim and, if necessary, consult a solicitor as quickly as possible.

About McGarr Solicitors

McGarr Solicitors is a law firm specialising in Plaintiff litigation, representing injured clients in Medical Negligence cases which have settled for more than €3 million. We provide personal attention, a trusted network of medical experts, and aggressive pursuit of our clients’ rights.

Led by Edward McGarr, who has over 35 years experience representing clients in court, the firm is recognised as one of the most active litigation practices in Dublin. Our offices in the city centre- directly across the river from the Four Courts- allow us to attend to all High Court business personally. We never use law agents.

We do not charge any fees upfront and we always seek to recover the costs of your successful litigation from the other side. We aim to never take any of our clients’ compensation as fees.

Disclaimer
Please note that no solicitor/client relationship or duty of care or liability of any nature shall exist or be deemed to exist between McGarr Solicitors and you until you have received a written letter of engagement from us in which we confirm our appointment as your Solicitors. The contents of this website are not intended to constitute legal advice and should not be taken as such.