Can you sue someone for falling on their property? You may have wondered this after a slip or trip. You may now be injured and wondering what you should do next. If you’re worried, don’t be.
Our advisors are on hand to connect you to our panel of solicitors if you have a strong personal injury claim. They can also offer free legal advice and our panel could aid you with a possible compensation claim. To find out more, contact us by:
- Calling on 0800 408 7825
- Using the live chat feature at the bottom-right of this page
- Contacting us directly through our website
Select A Section
- Can You Sue Someone For Falling On Their Property?
- Who Is Liable If You Fall On Someone’s Property?
- The Occupiers’ Liability Act And Falls On Private Property
- Health And Safety Considerations For Private Property
- How Can You Sue Someone For Falling On Their Property?
- How Much Can You Sue Someone For Falling On Their Property?
- Discuss Your Slip And Fall Accident On Private Property
- Related No Win No Fee Claims
If you have been injured in a slip and fall and it wasn’t your fault, you may be entitled to compensation.
Should this have happened to you, it may be possible to start a personal injury claim. This could happen where someone in control of a place had a duty of care to look after you, but they failed in that duty, and you suffered injury as a result.
If someone has a duty of care towards you in the space they control, they must take reasonable steps to keep you safe, such as by providing training to their employees and reducing or removing hazards.
- No wet floor signs
- Trailing wires
- Spillages not being mopped up
- Pathway obstructions
Consider speaking to a personal injury lawyer if you are wondering “Can you sue someone for falling on their property?” and you need more help.
In claims, solicitors must establish negligence. This is done by working out who had a duty of care and how it was breached. For example, the duty of care of employers is established by the Health and Safety at Work etc. Act 1974 (HASAWA). Outside the workplace, the duty of care falls to whoever controls that space.
Who is liable if you fall on commercial property?
Owners and controllers of commercial property also have a duty of care. This is outlined in the Occupiers’ Liability Act 1957. This is similar to the duty of care that employers have over you. People that control private spaces that are accessible to the public must ensure that these areas are safe and secure for visitors.
For example, if you slip, fall and are injured in a supermarket because employees’ failed to attend to a spillage they were aware of, you may be able to claim.
Who is liable if you fall in private residential property?
It is not just employers, the local council, or commercial property owners that have a duty of care. Landlords also have a responsibility to uphold a level of care as they control the premises. Here is a list of all items they can be responsible for:
- Fire safety
- Electrical equipment safety
- Gas safety
Failure to regularly maintain these may cause accidents such as a slip, trip, or fall.
Please be advised that a claim is only possible if a property owner or controller neglects their duty of care and you’re injured as a result. Appropriate signposts and/or warnings could still demonstrate a duty of care even if an accident was to occur.
Don’t be unsure or wonder, “Can you sue someone for falling on their property?” Get answers specific to your case now by calling our advisors, who can connect you to our panel of solicitors.
The Occupiers’ Liability Act 1957 establishes that whoever occupies a premises has a “common duty of care” to all visitors.
This Act of Parliament asks that controllers of private property take “reasonable” care of visitors. This means that they should be accountable for possible hazards they could remove or reduce like trailing wires and spillages. However, if a visitor hurts themselves in a way that they cannot possibly have accounted for, they may not be liable for this.
They also cannot be held liable for risks willingly accepted by the visitor, such as in a waiver for a trampoline park or go-karting, or if you entered a hazardous area despite adequate warnings.
If you need specific advice for your claim, contact a personal injury solicitor.
Much like those in control of private residential properties, those that are in control of private property, in general, can be responsible for fire, gas, and electrical equipment safety. They also have a duty to manage hazards that might cause injury, such as spillages or loose flooring, as reasonably as possible.
Under the Occupiers’ Liability Act, ‘occupier’ isn’t strictly defined as the person that inhabits the property, but it is the controller of the property. Therefore, if you’re injured on private property and it isn’t your fault, you should check who you might claim against.
If the property is owned, you might claim against the owner. However, if the place where you were injured is rented, you might claim against the landlord or occupier, depending on who is liable.
Are you wondering “Can you sue someone for falling on their property?” Speak to our advisors for free about your slip and fall injury now.
Starting a claim may seem like a huge task for the individual. This is why a personal injury solicitor could make the process as easy as possible for you in your personal injury claim. If you have suffered an injury that wasn’t your fault on private property, there are steps you may wish to follow if you want to start a claim.
Seek immediate medical attention if you are injured. Not only is this key to your claim as medical notes are a good source of evidence, but it’s also key for your own health. Looking after yourself should be your top priority.
Once you are capable, you should next gather your evidence. Some types of evidence that may prove useful include:
- Details from people that witnessed your injury (phone number, address, etc.)
- Photographs depicting how the injury played out
- CCTV footage
- Medical notes from your doctor
When you have gathered this, speak to a personal injury solicitor. They will assess your evidence and may accept your case if they believe you have a claim. You may also choose to speak to a solicitor before you do this to get legal advice.
If you are interested in finding out if you can sue someone for falling on their property, speak to our advisors. They could connect you with our panel of solicitors who may be able to get you the answers and outcome you deserve.
Below, we have created a compensation table that shows figures for various injuries that might be sustained after a fall that wasn’t your fault. These figures are taken from the Judicial College Guidelines. Legal professionals use this publication to help them when valuing injuries.
The compensation table below is for illustrative purposes only, so it may not assure total accuracy in your case. The below list is not exhaustive so reach out to our advisors if your injury is not listed. They can give a free estimate of what you could claim.
Injury Nature of Incident Potential Compensation
(e) Minor Brain or Head Injury Minimal brain damage (if any). £2,070 to £11,980
(a) Severe (i)
Neck injury that is associated with (for example) incomplete paraplegia or causing permanent spastic quadriparesis. In the region of £139,210
Injuries to the Pelvis and Hips
(b) Moderate (i)
Significant injury but any permanent disability isn't major and if there is future risk it's not great. £24,950 to £36,770
(d) Simple Fractures of the Forearm
Simple Fractures of the Forearm £6,190 to £18,020
(c) Less Serious Leg Injuries
(iii) Simple Fractures to Tibia or Fibula or Soft Tissue Injuries
Simple tibia or fibula fractures or soft tissue injuries. Up to £11,110
Compensation is divided into two categories:
- General damages refer to medical pain and suffering sustained by you as a result of your injury. This also includes emotional and mental damages.
- Special damages refer to monetary compensation designed to cover losses as a result of your injuries, such as lost wages or travel expenses. It is recommended that you keep documents such as payslips and receipts in order to prove special damages.
You may have read about using a personal injury calculator. Though they can be useful, they may not provide the most accurate figures of compensation for your case. For more accurate information, speak to our advisors who can value your claim for you.
If you have a valid claim, you may be able to make one on a “No Win No Fee” basis. This means that if your claim is unsuccessful, you do not have to pay your solicitor’s fees.
However, if your claim is successful, you pay a success fee to your solicitor, which is always capped by law.
What’s more, under a No Win No Fee agreement, you wouldn’t have any upfront or ongoing solicitor fees to pay.
To find out more about “No Win No Fee” claims, speak to a solicitor. Don’t wonder, “Can you sue someone for falling on their property?”
Speak to our advisors today to see if they can connect you with our panel of solicitors. Get in touch by:
- Calling on 0800 408 7825
- Using the live chat feature at the bottom-right of this page
- Contacting us directly
Private renting duty of care
We also have some other guides you may find useful:
- Public accident claims hot spots
- Council slip and trip accidents
- Public transport accidents
- How to make a public liability claim
- Making a claim against the council
- Claiming for a pothole injury
- Making a claim against a shop
- Accidents in a public park
- Cycling accident claims
- Claiming for injuries suffered while shopping
Article by EC