Misfortune or Negligence – How Can You Tell The Difference?
However careful we are in our everyday lives, sooner or later we end up tripping, or stumbling, or falling and hurting ourselves. Accidents happen on a daily basis and although many are minor they can still result in pain and discomfort lingering long after the accident itself.
But does this mean we should take action and seek compensation for our mishap? The answer lies in whether anyone was ultimately responsible for what happened.
Accident compensation has become more prevalent in Britain, and in general more and more people are trying to claim for something that has happened to them. The question is whether or not this is justified. If you are unlucky enough to experience a trip, fall or other accident you will need to consider what happened carefully and consult an injury solicitor to decide whether or not you have a case.
The first question you should ask yourself is what caused the personal injury to happen. On occasion injuries which occur in a public place (for example a supermarket, a sports centre, or library) occur as a result of negligence on the part of a member of staff. For example, if someone has spilt yogurt in the aisle of your local supermarket and no member of staff has taken any action towards remedying the situation, then you would have cause to claim compensation.
This kind of claim is known as a public liability compensation claim. It is important if you can to take photos or get evidence to back up your claim if someone else’s negligence has led to the accident, as this will help your case enormously. A qualified solicitor will be able to tell you how you should proceed.
However not all accidents are the result of someone else being negligent in their duties to look after members of the public as required by law, whether it is in a building to which the public have access, or on the roads and pavements looked after by your local council.
This is why if you are involved in an accident of any kind, you need to consider what led to it happening very carefully. For example, you might be walking along a perfectly maintained pavement and catch your foot on a paving stone, leading to a nasty fall. Your first thought might be to blame the paving stone, but upon further inspection you may find that it is in perfect condition, without any raised edges. In this case it could simply be that you didn’t pick your foot up enough and tripped over as a result.
It is vital that you know the difference between these two kinds of situation, and recognise when someone else is at fault and when it’s simply a case of bad luck, or an error in judgement on your part.
Tags: accident compensation, accidents, compensation claim, daily basis, local council, mishap, negligence, pavements, personal injury, photos, public liability, solicitor, supermarket, trip fall