Can I Make A Claim For A Fall On Ice In A Public Place?

At this time of year, slips, trips and falls are common. Frost and icy weather can make everyday places dangerous – especially if the owner or occupier hasn’t taken enough care to protect the public’s safety.

If you’ve suffered an injury in a public place because of snow or ice, you could be entitled to claim. Read on as we look at these types of accidents and answer some of the important questions you may have.

Accidents in a public place caused by ice or snow

If you’ve suffered an injury due to ice or snow in a public place, you may be able to bring a claim against whomever is responsible. But how do you determine who that is?
When making a claim for an accident in a public space, you claim against ‘the occupier’. This is whoever responsible for maintaining the public area. For example:

• The local authority responsible for pavements, car parks, libraries, or leisure centres
• A shop or restaurant chain operating the site
• A landlord, housing association, or managing agent in communal areas
• A school, hospital, event organiser or venue operator
• A contractor in control of a building site or area

If you are unsure, your solicitor can help you determine who is responsible.

What types of places are included? 

When we discuss accidents in a public place, we usually refer to the following:

• Shopping centres and retail parks
• Airports, bus or train stations
• Public car parks or multi-storey car parks
• Supermarkets or supermarket car parks
• Hospital grounds
• Public paths and walkways

Do I have a claim if I fall on ice?

 For a claim to be credible, you need to have suffered an injury within the last three years that was at least partially the fault of the responsible party.

Under the Occupiers’ Liability Act 1957, occupiers have a ‘common duty of care’ towards visitors to the premises. This means they’re legally obligated to keep visitors ‘reasonably safe in using the premises’ – and this includes during bad weather.

If an occupier fails and doesn’t properly address hazards caused by snow and ice, this is where you could have a claim. If the occupier knew (or should have known) about the hazard and failed to act reasonably, they might be liable.

Interpreting this law is sometimes tricky. The law states that occupiers must only take ‘reasonable’ steps to protect visitors.
For example, in the case of supermarkets, staff members can be expected to make sure that snow or ice doesn’t pose a hazard to visitors in entranceways or trolley areas. We can expect them to use proper signage and warn visitors of any potential hazards.

However, it could be seen as ‘unreasonable’ and even impossible for occupiers to ensure the entire car park and surrounding areas are free of ice and snow.

When you contact a solicitor, they’ll ask questions about your accident to advise you fully as to whether you have a good claim.

What to do after an accident on someone else’s premises

 If it’s judged that you failed to mitigate your losses, this will be considered in any settlement offer.

• Seek medical attention quickly and follow clinical advice.
• Act quickly and gather evidence. These simple steps can give credibility to your case.
• Report the accident to staff and ask for it to be recorded in their accident book.
• Photograph the area, including signage and weather conditions.
• Request CCTV in writing as soon as possible.
• Take witness details – names, phone numbers and addresses.
• Keep receipts for travel, repairs, and expenses.
• Keep notes of your injury symptoms.

Final Thoughts

If you’ve been injured in a public place due to snow or ice, you might be entitled to claim.

By seeking prompt medical attention, gathering evidence and obtaining expert legal advice, you can better understand your rights and the strength of your case.

Contact Gildeas Solicitors for a no-obligation chat today.

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