It is a perfectly reasonable response by a local authority, or private landowner, to claim that they did not have sufficient time to clear the hazard. If you approach a personal injury solicitor regarding compensation for an accident which occurred under these circumstances they will likely advise you not to pursue the action.
However, the situation is very different if sufficient time has elapsed, perhaps earlier warnings have been ignored and there has been obvious negligence on the part of those responsible for the area.
While it may seem a little overboard for the government to issue guidelines for clearing snow and ice from public pathways and highways, these simple steps do help. If nothing else, proving that the potentially negligent party had carried out such actions would strengthen their claim against compensation for a slip or fall. Official government guidelines include:.
The advice regarding the use of hot water is one which many people may not have thought of because in extremely cold conditions the hot water will quickly cool leading to potentially greater danger. After taking into account the location of the slip and fall on ice injury, time, severity, and potential negligence, many people will find they have a strong case for a personal injury claim. Where some form of negligence can be proven beyond reasonable doubt it is likely that the local authority or private property owner in question would look to settle out of court.
However, where there is any doubt about the validity of a claim there is every chance it will go to court. If the accident occurred on public pathways and highways then it would be the local authorities called to defend their actions.
It is not simply a case of waving through every claim without further consideration even if the potential legal costs may far outweigh any compensation payment. The level of compensation received as a consequence of a successful prosecution will be considered on a case-by-case basis.
General damages are those which are awarded to cover pain and suffering, and lifestyle changes, while special damages will reimburse the claimant of any fees directly related to the incident such as medical, additional transport and loss of earnings.
The special damages payment will also cover any expected fees in the future as a direct consequence of any injuries. It is fair to say that not all slip and fall on ice accidents as a consequence of icy pathways and roads will result in a successful compensation claim. While the vast majority of accidents occur on land managed by the local authority it is also possible to bring a slip and fall on ice claim against private property owners where negligence can be proved.
If the slip happened on a quiet residential street or on a freshly frozen pavement, the local council would have a stronger defence against any potential claim.
If you have slipped on ice and would like to find out if you are legally entitled to pursue a claim for accident compensation, the quickest option it to speak to an experienced personal injury solicitor. To be eligible to claim you would normally need to meet the following criteria:. To find out more call free on Call us now on Can I Claim? Arrange a Callback.
Free, no obligation advice Not sure if you have a valid claim? Contact us for free advice, with no obligation to proceed. No win no fee guarantee No win no fee takes the risk out of making an injury claim. It is important to remember that there are time limits in place for making a claim. In most cases you have three years from the date of the accident within which to make your claim for compensation. Find out if you are entitled to make a claim. Helping people claim compensation for council negligence.
Delaying medical treatment can harm your health and your accident claim. If possible, take pictures of the accident scene before leaving to document the condition of the property at the time of your fall. The owner could remove the ice by the time you return. Report the fall to the owner and obtain the names and contact information for any eyewitnesses.
As soon as possible, contact a Bloomington slip and fall attorney to discuss your claim and the possibility of an injury lawsuit. You have a limited time to file an injury lawsuit in Indiana for a slip and fall claim. Do not delay calling our office to speak with an experienced slip and fall attorney. You may also speak with a representative by using our Live Chat feature. Call now to schedule your free consultation and free case evaluation.
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