Can You Sue Someone For Falling On Their Property?

By Cat Mulligan. Last Updated 8th September 2022. Can you sue someone for falling on their property? You may have wondered this after a slip or trip. You may now be injured and wondering what you should do next. If you’re worried, don’t be.

Can you sue someone for falling on their property?: A guide

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Can You Sue Someone For Falling On Their Property?

If you have been injured in a slip and fall and it wasn’t your fault, you may be entitled to compensation.

Should this have happened to you, it may be possible to start a personal injury claim. This could happen where someone in control of a place had a duty of care to look after you, but they failed in that duty, and you suffered injury as a result.

If someone has a duty of care towards you in the space they control, they must take reasonable steps to keep you safe, such as by providing training to their employees and reducing or removing hazards.

Slip and trip accidents could occur in the workplace, in public, or on private property. This may be as a result of:

No wet floor signs
Trailing wires
Spillages not being mopped up
Pathway obstructions

Consider speaking to a personal injury lawyer if you are wondering “Can you sue someone for falling on their property?” and you need more help.

Who Is Liable If You Fall On Someone’s Property?

In claims, solicitors must establish negligence. This is done by working out who had a duty of care and how it was breached. For example, the duty of care of employers is established by the Health and Safety at Work etc. Act 1974 (HASAWA). Outside the workplace, the duty of care falls to whoever controls that space.

Who is liable if you fall on commercial property?

Owners and controllers of commercial property also have a duty of care. This is outlined in the Occupiers’ Liability Act 1957. This is similar to the duty of care that employers have over you. People that control private spaces that are accessible to the public must ensure that these areas are safe and secure for visitors.

For example, if you slip, fall and are injured in a supermarket because employees’ failed to attend to a spillage they were aware of, you may be able to claim.

Who is liable if you fall in private residential property?

It is not just employers, the local council, or commercial property owners that have a duty of care. Landlords also have a responsibility to uphold a level of care as they control the premises. Here is a list of all items they can be responsible for:

Fire safety
Electrical equipment safety
Gas safety

Failure to regularly maintain these may cause accidents such as a slip, trip, or fall.

Please be advised that a claim is only possible if a property owner or controller neglects their duty of care and you’re injured as a result. Appropriate signposts and/or warnings could still demonstrate a duty of care even if an accident was to occur.

Don’t be unsure or wonder, “Can you sue someone for falling on their property?” Get answers specific to your case now by calling our advisors, who can connect you to our panel of solicitors.

If Someone Gets Hurt On Your Property, Are You Liable In The UK?

As we mentioned in the section above, both private and commercial occupiers owe a duty of care to those who visit the space. So, the answer to the question “If someone gets on your property, are you liable in the UK?” is generally yes, but only if they were injured because you breached your duty of care.

For example, someone can sue you for tripping on your property if you left hazards in the way with no warnings. However, if someone falls on your property due to their own recklessness, or if they fell despite you adequately carrying out your duty of care, then they may not be able to make a claim.

You can contact our team of advisors for more information or read on to learn more about personal injury claims.

The Occupiers’ Liability Act And Falls On Private Property

The Occupiers’ Liability Act 1957 establishes that whoever occupies a premises has a “common duty of care” to all visitors.

This Act of Parliament asks that controllers of private property take “reasonable” care of visitors. This means that they should be accountable for possible hazards they could remove or reduce like trailing wires and spillages. However, if a visitor hurts themselves in a way that they cannot possibly have accounted for, they may not be liable for this.

They also cannot be held liable for risks willingly accepted by the visitor, such as in a waiver for a trampoline park or go-karting, or if you entered a hazardous area despite adequate warnings.

If you need specific advice for your claim, contact a personal injury solicitor.

Health And Safety Considerations For Private Property

Much like those in control of private residential properties, those that are in control of private property, in general, can be responsible for fire, gas, and electrical equipment safety. They also have a duty to manage hazards that might cause injury, such as spillages or loose flooring, as reasonably as possible.

Under the Occupiers’ Liability Act, ‘occupier’ isn’t strictly defined as the person that inhabits the property, but it is the controller of the property. Therefore, if you’re injured on private property and it isn’t your fault, you should check who you might claim against.

If the property is owned, you might claim against the owner. However, if the place where you were injured is rented, you might claim against the landlord or occupier, depending on who is liable.

Are you wondering “Can you sue someone for falling on their property?” Speak to our advisors for free about your slip and fall injury now.

How Can You Sue Someone For Falling On Their Property?

Starting a claim may seem like a huge task for the individual. This is why a personal injury solicitor could make the process as easy as possible for you in your personal injury claim. If you have suffered an injury that wasn’t your fault on private property, there are steps you may wish to follow if you want to start a claim.

Seek immediate medical attention if you are injured. Not only is this key to your claim as medical notes are a good source of evidence, but it’s also key for your own health. Looking after yourself should be your top priority.

Once you are capable, you should next gather your evidence. Some types of evidence that may prove useful include:

Details from people that witnessed your injury (phone number, address, etc.)
Photographs depicting how the injury played out
CCTV footage
Medical notes from your doctor

When you have gathered this, speak to a personal injury solicitor. They will assess your evidence and may accept your case if they believe you have a claim. You may also choose to speak to a solicitor before you do this to get legal advice.

If you are interested in finding out if you can sue someone for falling on their property, speak to our advisors. They could connect you with our panel of solicitors who may be able to get you the answers and outcome you deserve.

How Much Can You Sue Someone For Falling On Their Property?

Below, we have created a compensation table that shows figures for various injuries that might be sustained after a fall that wasn’t your fault. These figures are taken from the Judicial College Guidelines. Legal professionals use this publication to help them when valuing injuries.

The compensation table below is for illustrative purposes only, so it may not assure total accuracy in your case. The below list is not exhaustive so reach out to our advisors if your injury is not listed. They can give a free estimate of what you could claim.

Edit
Injury	Nature of Incident	Potential Compensation
(e) Minor Brain or Head Injury	Minimal brain damage (if any).	£2,210 to £12,770
Neck Injuries (a) Severe (i)	Neck injury that is associated with (for example) incomplete paraplegia or causing permanent spastic quadriparesis.	In the region of £148,330
Injuries to the Pelvis and Hips (b) Moderate (i)	Significant injury but any permanent disability isn’t major and if there is future risk it’s not great.	£26,590 to £39,170
Arm injury (d) Simple Fractures of the Forearm	Simple Fractures of the Forearm	£6,610 to £19,200
Leg injury (c) Less Serious Leg Injuries (iii) Simple Fractures to Tibia or Fibula or Soft Tissue Injuries	Simple tibia or fibula fractures or soft tissue injuries.	Up to £11,840
Moderate Ankle Injuries (c)	£13,740 to £26,590	Fractures and ligamentous tears that result in less serious disability.
Moderate Foot Injuries (f)	£13,740 to £24,990	Displaced metatarsal fractures that result in permanent deformity.
Moderate Toe Injuries (e)	Up to £9,600	Straightforward fractures or injuries that exacerbate ongoing conditions.
Fracture of Clavicle (e)	£5,150 to £12,240	The award will depend on the severity of symptoms and how long they last.

Compensation is divided into two categories:

General damages refer to medical pain and suffering sustained by you as a result of your injury. This also includes emotional and mental damages.
Special damages refer to monetary compensation designed to cover losses as a result of your injuries, such as lost wages or travel expenses. It is recommended that you keep documents such as payslips and receipts in order to prove special damages.

You may have read about using a personal injury calculator. Though they can be useful, they may not provide the most accurate figures of compensation for your case. For more accurate information, speak to our advisors who can value your claim for you.

Discuss Your Slip And Fall Accident On Private Property

When suing someone for falling on their property, you might be interested in working with personal injury solicitors to help you prepare your slip and fall claim. If you think you might not be able to afford to pay solicitor fees, a No Win No Fee arrangement could appeal to you.

Under a No Win No Fee agreement, such as a Conditional Fee Agreement, you typically aren’t expected to pay any upfront fees or ongoing costs that arise during the claims process.

Additionally, if your claim fails, you won’t generally have to pay your solicitor for their work. However, should your claim succeed, your solicitor will take a success fee from your settlement that is legally capped under the Conditional Fee Agreements Order 2013.

If you would like to work with No Win No Fee solicitors to help you sue someone for falling on their property, get in touch today. Any of the solicitors on our panel could offer you their services on such a basis.

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