Ice Slip Injury Compensation Claims
If your life, or the life of a loved one, has been affected by an ice slip accident we can help.
The purpose of this guide is to help anyone who has suffered an ice slip accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
ice slip injury compensation:
According to Hospital Episode Statistics for England, 7,031 people needed treatment in hospital after slipping on ice or snow in 2012/13. In the milder winter of 2013/14 the number was far lower at around 1,200.
A clear indication that ice slip accidents are weather dependent.
Whilst it is impossible to control the weather, it is possible to reduce the risk of ice slip accidents by keeping roads and footpaths cleared. But who is responsible?
Roads and Pavements
The Highways Act 1980 states that the Highway Authority - usually the local council - has a duty to ensure, as far as is reasonably practicable, that the pavements and roads are safe to use.
Shops, supermarkets, schools, hospitals and other public places
The Occupiers' Liability Act 1957 states that occupiers have a legal duty under to take reasonable care to see that visitors are reasonably safe whilst using their premises. This extends to ensuring paths, walkways and other areas are cleared of ice and snow.
Employers have a legal duty to make sure that their workplace is reasonably safe. This includes clearing snow and ice as well as all other health and safety measures.
The key term in all areas is ‘reasonable'
Do I have an ice slip injury claim?
It should be possible to make an ice slip injury claim if your injury happened:
- in the last three years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
Do I have a claim? - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an ice slip injury claim on their own behalf.
What if the other party denies liability?
If the defendant denies liability, your solicitor will build the strongest possible case in order to prove that the defendant is responsible for your ice slip injury. Ultimately the solicitor will issue court proceedings on the defendant. Often this prompts an admission of liability before proceedings begin.
What is reasonable?
It may not be possible for a local authority to clear every road and footpath as soon as snow or ice forms. Most authorities have a maintenance plan which prioritises the busiest roads and footpaths.
A person falling on a newly frozen surface may find it difficult to prove the local authority negligent as it could reasonably offer a defence of not having had sufficient time to remedy the situation.
If though, the authorities have had sufficient time to clear a pavement then there may be a legitimate personal injury claim.
In a public place, whilst it is not always reasonable to expect the occupier to clear all snow and ice, there are many steps that may be taken to ensure visitor safety. The larger the public place, the greater the number of visitors, and therefore the more steps the occupier may be expected to take.
Occupiers should take note of weather forecasts and be prepared to clear and grit pathways. They can also put up warning notices - or even close the premises. It is not a defence to state that members of the public ‘invited' on to the premises do so at the risk of slipping on ice.
At work, an employer that does not take reasonable steps may be negligent. The general rule is the larger the workforce the more steps the employer might reasonably be expected to take.
Main walkways leading from car park to place of work should be cleared or gritted, even if they are unable to clear the whole car park.
Public places and workplaces should also ensure that excess water can be removed from visitors' feet to prevent interior surfaces becoming wet and slippery.
How does someone injured in an ice slip accident seek compensation?
A slip on ice can be serious, especially for older people. It is likely that injuries may require medical treatment and a prompt consultation will provide an official account of the injuries sustained.
Because there are many different circumstances in ice related falls it is important to record as much detail as possible - the location of the fall, how long the surface had been icy, if it had been reported, and if anyone else had fallen as a result? If there are any witnesses it is useful to gather their accounts.
This will help to establish if the defendant had failed to take reasonable steps to reduce the risks. A personal injury solicitor will then advise if bringing a claim for compensation is possible.
The panel of solicitors have successfully pursued claims for claimants who have sustained broken bones, dislocated joints, severe bruising and whiplash through slipping on ice, so speak to us now about your injury.
The amount of money you could claim for your ice slip injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your ice slip injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an ice slip injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a serious ankle injury can be £35,000
For a more minor wrist injury, in isolation, you would typically receive £2,900.
However, if you have a serious ankle injury and a more minor wrist injury, you would typically receive £35,000 + a reduced percentage of £2,900.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for an ice slip injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following an ice slip injury will depend entirely on your specific circumstances.
Your ice slip injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
What if I am not yet sure of the extent of my injury?
If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.
Ice slip injury compensation
Calculating how much compensation you can claim for an ice slip injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your ice slip injury claim could be worth now:
How long does an ice slip injury claim take?
How long it can take to win compensation for an ice slip injury can vary considerably.
For instance, a simple liability uncontested injury claim could be completed in a few weeks. If liability is denied, however, a compensation claim can take substantially longer. Normally a slip or trip claim will take 6 to 9 months. How long will my claim take?
Caring and sensitive support
Your solicitor will handle your ice slip injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee - the facts
'No win, no fee' means that if your ice slip injury claim is unsuccessful, you won't have to pay any legal fees. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is a legal contract entered into between you and a solicitor.
Our no win, no fee promise
Our no win, no fee guarantee means there is zero financial risk in making an ice slip injury claim - even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my ice slip injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my ice slip injury claim?
If your ice slip injury claim is not successful then you do not have to pay any legal fees . Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a catch?
The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Ice slip injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make an ice slip injury claim?
In general, you have a time limit of up to 3 years from the date of the ice slip injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your ice slip injury claim becomes 'statute barred'.
Can I claim for an ice slip injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim ice slip injury compensation.
In reality, there are a number of factors that can affect whether an ice slip injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert