Had a slip as the temperature dips – Can I claim compensation?

As the temperature across the UK is set to take a dip, we expect to receive an increase in the number of enquiries from people who have suffered an injury having slipped or fallen on icy surfaces.

Experiencing slips on ice is quite common during the winter months; however, the extent of the fall and any injuries sustained might not be immediately apparent.

While most slips only lead to minor bruises, there are instances where you could suffer a serious injury, such as fractures or ligament damage, which may linger well into the summer and beyond.

Slipping incidents commonly take place in areas such as pavements, car parks, entrances and exits, bus stops or train stations, retail stores, and outdoor stairways, whether in public spaces or workplaces. So, can you claim compensation for your injury and losses, and if so, from whom?

The ability to claim compensation after slipping or falling on ice is contingent upon several factors, including the specifics of the incident and its location.

Slipping on Ice at Work

In the UK, employers have a legal duty to ensure the safety of their employees, particularly during winter when icy conditions are prevalent. UK legislation requires employers to take proactive measures to prevent workplace accidents caused by ice.

This includes implementing safety protocols such as providing anti-slip footwear for outdoor employees or enhancing visibility with additional lighting in outdoor areas and car parks. Work environments, particularly outdoor spaces, should be cleared and treated—using grit or salt—within a reasonable timeframe after snow or ice appears. Special attention should be given to clearing and treating specific areas, such as steps or platforms at bus and train stations. Additionally, workplace entrances, pathways, and parking areas should be treated, or at the very least, appropriate warning signs should be placed to alert individuals of potential hazards.

If you experience a fall and injury at work, it is crucial to seek suitable medical attention and ensure that the incident is documented in the workplace accident log.
If an employee slips on ice at work and sustains an injury, they may qualify for compensation, depending on the circumstances.

Slipping on Ice in Public

Slipping on ice in a public area can lead to significant injuries. Falls resulting from the lack of gritting or salting icy surfaces, or failing to warn the public about potential risks, can result in fractures, broken bones, or severe cuts and lacerations.

One of our experience solicitors, Annie Rana, recently acting for a client who had sustained an injury after slipping on ice. Mr K slipped and fell on ice in a car park in his local DIY store. The store had failed to grit the car park and in despite the weather conditions being snowy and icy, resulting in him sustaining a sprain injury to his back.

Owners of shops, restaurants, supermarkets, and local authorities or councils are all considered occupiers. As occupiers, there is a duty of care to ensure the reasonable safety of individuals visiting the premises for their intended use. The general obligations are outlined in the Occupiers’ Liability Act 1957.

Occupiers should assess risks associated with hazardous weather conditions, such as ice and snow, and take appropriate measures to keep visitors reasonably safe.

However, due to the unpredictable nature of weather, there are limitations to what an occupier can do to eliminate all ice-related hazards.

To bring a public liability claim, it must be established that negligence occurred. In tort law, this is determined by three key factors:

• A third party owed you a duty of care.
• They violated that duty of care.
• Consequently, you suffered injuries.

All three need to be established for a claim to be brought.

For more information see our previous article Claiming Compensation For a Slip in Icy and Snowy Weather Conditions

To successfully pursue a claim, it’s important to gather evidence supporting these factors.

This includes:

1. Documenting the Incident: Take photographs of the accident scene, capturing the icy conditions and any lack of warning signs or gritting. These visuals can be crucial in demonstrating negligence.

2. Witness Statements: Collect statements from any bystanders who witnessed the fall. Their accounts can provide valuable third-party perspectives on the conditions and circumstances leading to the accident.

3. Medical Records: Seek immediate medical attention after the fall. Not only is this essential for your health, but medical documentation of your injuries can substantiate your claim.

4. Accident Reports: If the fall occurred in a business or public area, ensure the incident is reported to the relevant authority or business manager, and obtain a copy of the accident report.

5. Legal Advice: Consulting with a personal injury solicitor can provide guidance on the strength of your case and the best course of action. They can help navigate the complexities of legal proceedings and negotiate on your behalf.

It is also worth noting that claims must typically be filed within a certain timeframe, known as the limitation period, which can vary depending on jurisdiction. Therefore, acting promptly can be crucial in preserving your right to seek compensation.

If you have had a slip or fall due to snowy/icy conditions then contact one of our experienced solicitors today on 0161 399 1231.