Wet Floor Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a wet floor accident we can help.

The purpose of this guide is to help anyone who has suffered a wet floor 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 wet floor injury compensation:

Introduction

Wet floors are a significant cause of slip accidents resulting in injury. The UK Health and Safety Executive found that wet floors cause 90% of workplace slip accidents.

Wet floors are also a cause of injury in public spaces. Quittance's panel of solicitors have assisted with wet floor claims in restaurants, supermarkets and local authority premises.

If you were injured from a slip accident on a wet floor, it might be possible to make a compensation claim.

Do I have a wet floor injury claim?

It should be possible to make a wet floor injury claim if you sustained an injury:

  • within the last three years, and;
  • another person was to blame, and;
  • that person owed you a duty of care.
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Injury claim eligibility - 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 a wet floor injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

How likely is a wet floor accident claim to succeed?

Not all spills and other causes of wet floors are 'reasonably foreseeable'. If an accident could not have been foreseen by the person or company responsible for the floor, then they could not be expected to have done anything to prevent the accident. In such circumstances, it is unlikely that a claim can be made.

What is 'reasonably foreseeable'?

The likelihood of winning your claim will depend on the circumstances of the accident. This can include factors like the weather, such as in the case of a shop floor that becomes dangerous after heavy rainfall. The shop management may argue that they did not have a reasonable amount of time to react and place a wet floor sign.

Your claim has a better chance of success the more detail and evidence you can provide to support your version of events. This evidence can include witness statements and photos.

In the wet shop floor example above, if it had been raining for some time before the accident, it is more likely that the occupiers of the shop failed in their duty to protect customers visiting the premises from injury.

If you are unsure whether you have a claim, speak to a solicitor as soon as possible. You will be under no obligation to make a claim, by you will have a clearer idea of your chances and of what evidence would need to be gathered.

Injuries caused by wet floor accidents

Quittance's solicitors have assisted with wet floor claims for injuries such as:

  • Bruising and soft tissue damage
  • Cuts and lacerations (from colliding into adjacent objects)
  • Broken and fractured bones
  • Tendon and ligament damage
  • Head injuries

Some wet floor injuries can be severe, needing months of care and physiotherapy. Even minor injuries can cause considerable pain and inconvenience in the short term.

An injury claim settlement or award will not only compensate for this pain and suffering, it should also cover the costs of any treatment and physio, and cover your lost earnings if you are unable to work during your recovery.

How do you claim if injured at work?

Under the Health and Safety at Work Act 1974, your employer has a duty to provide a safe working environment. Procedures should be in place to ensure any liquid spillage, or slippery debris is noticed and cleared up promptly. While the floor is wet, signage should warn of the hazard. If appropriate, non-slip footwear should be provided.

If you are injured in an accident at work on a wet floor, you would claim against your employer. Even if a colleague's negligence caused the accident, your employer could still be held liable.

How do I claim if injured in a shop or other public place?

Under the Occupiers Liability Act 1984, the owners of premises have a duty to ensure the property is safe for visitors. Safety precautions should be in place, such as cleaning up wet floors as soon as possible and placing hazard signs at the site.

If a wet floor on the premises has caused a slip accident, the property owners could be held liable.

Your solicitor must establish that the property owners were legally responsible for the accident.

In some cases, such as slipping on a wet floor outside a shopping centre, the liable party may not be immediately apparent. If you are not sure who caused the accident, your solicitor will assist with the identification of the defendant.

A property owner may assert that the slip accident was your fault. They may cite unsuitable footwear, such as high heels, as the cause of the accident. However, property owners have a duty to ensure the safety of their floors in all circumstances, both wet and dry. If it foreseeable that people in high heels may use the floor, such as in a shop, then the occupier must account for this when anticipating and reacting to wet floor incidents.

What can I claim compensation for?

Compensation reflects the seriousness of injuries caused, and the life-changing consequences which may result from a wet floor slip accident. Compensation can be awarded for:

  • Pain, suffering and loss of amenity
  • Lost earnings while off work
  • Lost future earnings if you cannot return to work
  • Medical costs of treatment and on-going care
  • Expenses, such as travel costs to hospital

Your solicitor will assist you with gathering payslips and receipts to support a claim.

What are the time limits for making wet floor injury claims?

Claimants must start their claim within a statutory time limit. The time limit is:

  • Three years from the date of the accident or
  • Three years from the date the claimant had knowledge of injury

To ensure their action remains within this statutory time limit, claimants should begin their claim as soon as possible.

When to settle your wet floor accident claim?

In the case of wet floor accidents, the injury is almost always immediately apparent. In some situations, however, the extent of the injury may not be immediately apparent. Concussion symptoms, for example, may manifest some time after the accident. It may not be immediately obvious, without medical attention, that the symptoms even relate to the accident.

Your solicitor will advise on the medical evidence needed to support your claim and may recommend that you do not accept an offer from the defendant until the full extent of your injury is known.

How much compensation can I claim for a wet floor injury?

The amount of money you could claim for your wet floor 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 wet floor 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

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

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a wet floor injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • 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.

For example:

General damages for a severe 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 severe 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 a wet floor 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 a wet floor injury will depend entirely on your specific circumstances.

Your wet floor 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.

Should I set up a personal injury trust?

If you are receiving means-tested benefits and are awarded compensation following a wet floor injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?

Wet floor injury compensation

Calculating how much compensation you can claim for a wet floor 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 wet floor injury claim could be worth now:

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How long does a wet floor injury claim take?

How long it can take to settle a wet floor accident claim can vary significantly.

For example, a simple liability uncontested injury claim could be settled in a couple of months. If the defendant denies liability, the process might take considerably longer. On average a slip or trip claim takes between 6 and 9 months. How long will my claim take?

Caring and sensitive support

Your solicitor will handle your wet floor 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:

How does no win, no fee work?

'No win, no fee' means that if your wet floor injury claim is not successful, you will not have to pay any legal fees whatsoever. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is a contract between you and a solicitor.

Our no win, no fee guarantee

Our no win, no fee guarantee means there is zero financial risk in making a wet floor 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 wet floor injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my wet floor injury claim?

If your wet floor injury claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

Why do most solicitors charge 25%?

25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. wet floor injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.

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:

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Wet floor 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.

Read more about claiming on behalf of another person.

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.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a wet floor injury claim?

In general, you have a time limit of up to 3 years from the date of the wet floor injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your wet floor injury claim becomes 'statute barred'.

Can I claim for a wet floor 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 wet floor injury compensation.

In reality, there are a number of factors that can affect whether a wet floor injury claim will be taken on by a solicitor.

Calculate your claim limitation date

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.

Read more: Will my injury claim go to court and what if it does?

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.

Read more: Will I have to visit a solicitor's office?

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.

Read more about interim compensation payments.

Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

Read more about this Quittance Legal Expert