How Long Slip Trip Fall Claim: UK solicitor explains how long you have to claim for a slip, trip and fall accident in the UK
How long slip trip fall claim: Find out why you have three years to claim compensation for personal injury following a slip, trip or fall accident (at work, in a shop or on the pavements); how date of injury and your date of knowledge of injury can be different; exceptions to the three year time limitation rule with free specialist lawyer assessment of how long you have to make your slip trip fall claim.
How long do you have to make a slip trip fall claim for compensation?
Whether your slip, trip or fall takes place on a pavement, road or other public highway; you slip and fall in a shop (such as supermarket) or you fall at work – the time period you have to commence a claim is the same.
You have three years from date of injury or date of knowledge of injury to commence your claim at court after which you will be what is known as “statute or time barred”.
In other words – the Limitation Act 1980 comes into effect, which is a UK statute of limitations allowing an injured party three years to commence a claim failing which remedies allowed by law will be extinguished and you will no longer be able to make a claim for damages for personal injury.
What is the date of knowledge for determining the commencement of your time period to claim compensation?
The definition of date of knowledge is given by section 11(4) of the Limitation Act 1980: The date when the you had actual knowledge (or the facts known to the Claimant would have made it reasonable to have had knowledge – reasonable knowledge); that the injury in question was significant (some accidents may have seemed to have caused a minor injury, but you later discover that significant injury took place); that your injury was attributable in whole or in part due to negligence or breach of duty by another (whether an individual, a business or a public body) and the identity of the defendant (the person at fault was known or it was reasonable to obtain the information of who was at fault).
For a slip, trip and fall accidents – your date of knowledge will typically be the date of your trip, slip or fall as you will know what caused you to fall, if a defect was present (whether an unmarked wet patch on the floor at work or a defective paving slab on the pavement); who was responsible for the area in which you fell and that your injury was significant.
For example: imagine you were in a supermarket and you were walking on tiled area which was wet and slippery, but you did not notice the wet patch and fell causing a fracture to your arm.
When you fell and broke your arm – you knew that the supermarket was responsible for the floor, that the floor should not have been wet or if wet a sign should have warned you of the danger and you would have known immediately from the pain you experienced that you had suffered significant injury.
Are there exceptions to the three year rule for how long you have to bring a slip, trip or fall claim?
“Yes,” there are a number of exceptions to the three year rule, including:
1. Children have until their 21st birthday to commence a claim
If you were under the age of 18 years at the time of the accident you are considered a minor or a child and as such you would have until your 21st birthday to bring a claim at court.
2. Fraud or concealment
If through a fraudulent act or through active concealment the truth of who was responsible or that negligence in actual fact occurred the time period might be extended.
The involvement of the court for permission to extend how long you have to claim might be necessary.
3. A person with unsound mind has a longer time period to claim
If you are of unsound mind at the time of your accident you have three years from the date you are classed as having sound mind, or able to effectively make your own decisions, to commence a claim at court.
4. The court’s discretion to extend how long you have to make a slip trip fall claim
In certain instances the court might exercise its discretion and grant its permission to extend how long you have to commence slip trip fall claim at court, which might include the instance that expert advice was received by the Claimant (as in clinical negligence matters when a hospital doctor explains symptoms in a misleading manner so as not to highlight negligence) which led you to believe that no error or significant injury had occurred.
Obtaining the court’s permission to extend the time period to claim compensation for a slip, trip or fall accident will be extremely difficult.
Specialist solicitor solicitors free online / telephone help for slip, trip or fall compensation claims
If you wish to discuss your accident circumstances, have your claim assessed online or find out how long you have to make your slip, trip or fall claim see our specialist solicitor free online legal help options.