How Long Do I Have To Start A Slip Trip Fall Accident Claim Before It Is Too Late?
You generally have three years to start a claim for compensation for personal injury in a slip trip fall accident before it is too late and you are statute barred. However, notable exceptions occur and the date of the time limit commences may be from date of knowledge of injury.
In this article – we explore the three-year rule; why this time-limit is the same for most types of slip trip fall accidents (at work, in a shop or on the pavements, etc); how date of injury and your date of knowledge of injury can differ.
In addition. we explore some exceptions to the three-year statutory time limitation rule.
Remember – we offer free legal help options, including speaking direct to our solicitors for an assessment of how long you have to start your slip trip fall claim.
- How Long Do I Have To Start A Slip Trip Fall Accident Claim Before It Is Too Late?
- What Is the Legal Time Limit for Starting a Slip Trip Fall Claim?
- How Is the Date of Knowledge Determined in a Slip Trip Fall Claim?
- Actual Knowledge or Reasonable Knowledge
- How the Date of Knowledge Applies to Slip Trip Fall Claims
- Are There Exceptions to the Three-Year Time Limit for Slip Trip Fall Claims?
- Summary – How Long to Make a Slip Trip Fall Claim
- Free Specialist Solicitor Consultation
What Is the Legal Time Limit for Starting a Slip Trip Fall Claim?
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 limit 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”.
This is because 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.
In other words – when the time period has expires, you will no longer be able to make a claim for damages for personal injury.
Watch out – as you will see later in this article there are some exceptions to this rule
How Is the Date of Knowledge Determined in a Slip Trip Fall Claim?
The definition of date of knowledge is given by section 11(4) of the Limitation Act 1980.
Actual Knowledge or Reasonable Knowledge
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) of:
The Injury Was Significant
That the injury you experienced was significant.
Some accidents may have seemed to have caused a minor injury, but you later discover that significant injury took place.
The Injury Was Due to Negligence or Breach of Duty
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).
The Identity of The Person at Fault Was Known or Could be Obtained
The identity of the defendant (the person at fault) was known or it was reasonable to obtain the information of who was at fault.
How the Date of Knowledge Applies to Slip Trip Fall Claims
Your date of knowledge will typically be the date of your trip, slip or fall. Generally – 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.
Example of Supermarket Slip Accident
Imagine you were in a supermarket walking on tiled area, which was wet and slippery. You did not notice the wet patch and fell causing a fracture to your arm.
You knew that the supermarket was responsible for the floor, that the floor should not have been wet (or if wet the area should have been sectioned off or a sign should have warned you of the danger). In addition, you would have known immediately from the pain you experienced that you had suffered significant injury.
Are There Exceptions to the Three-Year Time Limit for Slip Trip Fall Claims?
“Yes,” there are a number of exceptions to the three year rule, including:
Claims Involving Children
Children have three years from the date of majority to commence a claim.
In simple terms – the age of majority is when the law considers a child has become an adult. For example – in England and Wales this the age of 18 years.
When a child becomes an adult – a personal injury claim can be made in that individual’s own right. In other words, without relying on a parent to be a litigation friend (to provide instructions to make a claim).
Therefore, 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.
When A Child Becomes An Adult Can Differ Throughout The UK
The different nations that make up the UK may have different laws about the age of majority.
Scotland will offer consider a child to become an adult at the age of 16 years and this would give the child until their 19th birthday to commence a personal injury claim.
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-limit might be extended.
Watch out – the involvement of the court for permission to extend how long you have to claim might be necessary.
Claims Involving Mental Incapacity
A person without mental capacity generally has a longer time period to claim.
If you are of unsound mind (mental incapacity) at the time of your accident – you have three years from the date you are classed as having sound mind (mental capacity), or able to effectively make your own decisions, to commence a claim at court.
The Court’s Discretion to Extend the Time Limit
The court has a general discretion to extend how long you have to start a slip trip fall claim.
Therefore, in certain instances the court might exercise its discretion and grant permission to extend how long you have to commence a slip, trip, fall claim at court.
For example – this 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.
However- obtaining the court’s permission to extend the time period to claim compensation for a slip, trip or fall accident will be extremely difficult.
Summary – How Long to Make a Slip Trip Fall Claim
In summary, you have seen that you generally have three years to start a slip, trip or fall accident claim. This runs from the date of the accident or the date of knowledge of your injury. The rule is interpreted differently for children and for those without mental capacity.
As a result, the three-year rule provides a guide only. When the clock starts to run will depend on the circumstances. The end point will also vary. Understanding how the rule applies to your situation is essential. Missing the time limit may prevent a claim from proceeding.
Free Specialist Solicitor Consultation
See our specialist solicitor free telephone / online legal help options. You can call a solicitor direct to discuss your slip trip fall accident. In addition, ask a question or have your slip, trip or fall claim assessed.
