Personal injury compensation after slipping on ice

When a client slipped on ice, we were able to recoup £100,000.00 in a personal injury compensation claim.

In this case our client’s livelihood as a foster carer was directly affected by her injury, she suffered significant injury, loss and damage and was unable to work for almost 1 year.  Sadly, she was also unable to continue to care for the 15-month-old already in her care due to the severity of her injury.  As a specialist foster carer of newborns and young infants her day-to-day work was severely affected by the slip.

Injuries from slipping on ice

She was 38 at the time of the accident and was dropping a child off at a local day nursery when she slipped on ice.  She suffered a compound fracture and dislocation of her right ankle, having to be taken to the Royal Oldham Hospital in an ambulance.  Our client had to stay in hospital for a short period for an operation and had to spend the next four months non-weightbearing.  She has, post-accident, had continued problems with her ankle and developed Complex Regional Pain Syndrome.

“When someone slips and is injured on ice, they may have grounds to make a personal injury claim, depending on where the accident took place and who had the responsibility to keep the area safe,” says Lisa Anderson, of the Pearson Personal Injury team.

Personal injury claims under Occupiers Liability Act

Lisa explains how claims under the Occupiers Liability Act typically work:

1. Duty of Care

   Under the Occupiers' Liability Act 1957, those in control of premises (the "occupiers") have a duty of care to ensure the safety of visitors. This duty applies to areas such as: private properties (shopping centres, car parks, etc.) Public spaces managed by councils (pavements, public parks, etc.) As in the case here when there are icy conditions, occupiers must take "reasonable steps" to keep walkways safe and typically are expected to salt or grit high-traffic areas.

2. Proving Negligence

   To make a successful claim, you’d generally need to demonstrate that: the occupier (e.g., a business owner or council) owed you a duty of care. They breached this duty by failing to address a known hazard (e.g., not gritting an icy path after reasonable notice) and this breach led to your injury. It’s also necessary to show that the injury caused you specific losses, as was the case here with lost income, in addition our client’s mother and sister had to step in to care for her and her family.

   Finally in proving negligence documentation is critical. Taking photos of the area where you fell, noting the date, time, and conditions, and obtaining witness statements can all support your case.

3. Defences and Challenges

   Common challenges or defences in ice-related slip-and-fall cases include: reasonable steps, occupiers only need to take reasonable measures. They may not be liable if they had gritted earlier and then fresh ice formed. Courts may be lenient in extreme weather events where ice builds up faster than it can be cleared.

   In addition contributory negligence is considered, i.e. if you were not wearing appropriate footwear or ignored warnings about icy conditions, compensation may be reduced under contributory negligence.

4. Public & Private Land

   Claims involving public property, like council-managed pavements, may be harder to win than those on private property. Local authorities often have limited budgets and prioritise high-traffic areas, which may serve as a reasonable defence.

5. What personal injury compensation covers

   If you succeed in a claim your compensation will cover: medical costs, rehabilitation and therapy, loss of income due to injury, pain and suffering, as well as any long-term disability or reduced earning capacity.

6. Time Limits

   Clients should also be aware that the limitation period for a personal injury claim is typically three years from the date of the accident.

“As we get deeper into winter its useful to note that the Occupiers Liability Act imposes a legal responsibility and a duty of care and therefore all premises should be safe, this includes slips on wet leaves, ice and snow,” warns Lisa.

“If you feel the occupier did not take reasonable steps to prevent your injury, we can help assess your claim’s viability and guide you through the legal process.

“Slip, trip and fall accidents are common, especially at this time of year, but when they affect your livelihood and lifestyle your compensation claim can go some way towards helping you get back on your feet again”, adds Lisa.

How can we help?

For legal advice on making a personal injury claim for slip and fall accidents contact our personal injury lawyers on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

Subscribe to our newsletter

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.