Wet floor injury compensation claims
In the following article we set out what you should know about making a wet floor accident compensation claim.
Wet floors are a major 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 injury is sustained following a slip accident on a wet floor, it may be possible to make a compensation claim.
If you have suffered a wet floor injury in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
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.
You 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.
I have a strong claim - why won't a solicitor take it on?
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.
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 a 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.
Under the Occupiers Lliability 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 obvious. 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 own 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.
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.
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 obvious. 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.
Typically a no win no fee contract ( referred to as a Conditional Fee Agreement) is entered into between a claimant and an injury solicitor.
A CFA is in essence the terms and conditions under which the solicitor works for their client.
It lays out what the lawyer will do and how they will be rewarded if your claim is ultimately successful.
If you choose Quittance Personal Injury for your wet floor accident compensation claim there will be no hidden or extra costs , nothing to pay up-front and the comfort that you will never be financially out of pocket.
The Compensation Claim Report (CCR) considers the central concerns surrounding your claim without any lengthy phone calls.
A CCR is a free report based on the details of your case, that reports on:
- the duration of the claim
- the chance of winning
- the amount of potential compensation
Your Compensation Claim Report helps you to choose whether to make a claim.
The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.
Accidents at work - Claims against your employer
Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.
Find out if you can claim wet floor injury compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
Meet the QLS team
The nationwide network of Quittance solicitors take on all types of personal injury claims, from short-term injury cases to serious, long-term injury. Our lawyers are selected on the basis of their track record in recovering compensation and their years of specialist experience.
About the author
Paul is a member of the Law Society Personal Injury Panel, a member of the Association of Personal Injury Lawyers, and has served as a Deputy District Judge, giving him a uniquely broad understanding of the claims process.
Read more about this Quittance Legal Expert