We all know the winter slips, trips, and falls. The slip on the icy footpath where you break a wrist. The trip over the broken paving on a wet day, where you sprain an ankle or the fall over rubbish left out on a dark night, when you tear nerves in the back.
It’s winter. You can fall easily on a cold and dark morning when on the way to work or a trip when getting off the Dart on a windy evening.
The winter slips are the worst. You slip on wet leaves or an icy footpath with nothing to break your fall, except the footpath. A slip in public sees cracked ribs, broken teeth and torn ligaments, not to mind the bruised ego when everyone is watching.
What happens, though, when the slip on ice isn’t your fault? Who is liable and what can you do about it?
Let’s take a closer look at what are the options after that bad slip in a public place.
Of course, the path is slippery, it’s winter
The winter months are the worst for slippery footpaths, treacherous steps, and icy patches everywhere. It is winter after all, what do you expect?
A big problem is black ice. Ironically, you cannot see black ice. It forms in shady areas, usually in the early morning or late evening, and is so clear that it is almost invisible. You only see the surface beneath, and not knowing the ice is there, you slip on it. Unfortunately, patients going to appointments, kids going to school, and people going to work will quickly find out the dangers of black ice, usually the hard way.
In the workplace, over half of slips and falls on ice occur between 6 am and 11 am, which is not too surprising, as most ice is gone by mid-morning in Ireland. The months of December and January see the highest amount of slips and falls, with an average of 130 ice slips, according to the HSA, the Health and Safety Authority. So, if 90% of slips at work due to bad weather are caused by ice, why don’t employers take more care?
Public footpaths, the ones around town, in the local park, but also around public buildings such as schools and hospitals, can be hotspots for ice slips and falls. The untreated path underneath a tree or around the side of a building is ideal for black ice.
It might look funny on the TV news or on someone’s social media feed, but a slip on ice can be painful, have you in the A&E, and even keep you out of work for a time.
Can I claim for slipping on an icy path?
Yes, you can claim for slipping on an icy path. When you are out of pocket, recovering from a painful injury and unable to care for yourself, then you should have a compensation claim*.
Personal injury claims* in Ireland are often for slips on icy footpaths. Employees claim for a slip on an icy path when heading into work at the office, and pedestrians often claim for a fall on ice when going from the bus to the shops.
Property owners have a duty of care and should maintain footpaths during the cold months by:
Property owners’ responsibility to all users is their duty of care. The property owner may be liable for the slip and fall, and you could be dealing with the HSE, the local council, the school, or your employer.
If you fall and injure yourself on an icy footpath, you should:
When you can prove a link between the property owners breach of duty of care and your injury in a slip on black ice, then you can start a compensation claim*.
You might hear it often on the radio or see it online, but property owners have a duty of care to all users. If a breach of duty of care sees you slipping on an untreated, icy footpath, then you may be able to claim.
Now that you know you may be able to make a personal injury claim*, what is the next step?
How to claim for my injury after a slip on ice
You follow a few simple steps to make a claim after suffering an injury in a slip on an icy footpath. The black ice might be hard to spot, but that does not mean someone isn’t responsible for it.
To make a claim in Ireland, you need to show a duty of care and that a breach of that duty of care led to your injury.
You work with a personal injury solicitor to gather evidence, deal with the property owner and work with the Injuries Board to make the claim.
What evidence do I need to prove my claim for a slip on ice?
Of course, you will need evidence and the more evidence you gather, the better it will be for your claim. The first thing every property owner will do is deny your claim, but you’d be surprised how quickly good evidence changes their tune.
Evidence to gather for a personal injury claim*:
Having evidence, and lots of it, is vital to making a successful injury claim*, but so is having the right personal injury solicitor by your side.
Why do I need a personal injury solicitor?
You need a personal injury solicitor to be your guide through the claims process. The right solicitor will know what’s ahead, what the property owner will say and do, but your solicitor will have been here before; they’ll know the drill.
A property owner will try every defence in the book. They’ll say no one knew the weather was going to change, or that they treated the footpath in plenty of time. Property owners have been known to say you deliberately slipped, and it’s all your fault.
Your personal injury solicitor will be there with the rebuke. They will have the evidence to show what actually happened and advise you on how to fight whatever spurious defence the property owner will throw at you.
A personal injury claim* can get dirty, but the right solicitor will build the case to get you the compensation you deserve.
Contact PBN Litigation Solicitors today
Contact PBN Litigation Solicitors in Dublin today to make your personal injury claim*
At PBN Litigation, we have the experience with bad-weather personal injury claims*. Our team can work with you to get compensation for a slip on ice injury.
We will use our experience to get you the compensation you deserve.
Contact PBN Litigation Solicitors in Dublin for all your personal injury needs.
