Cantillons have been contacted by Cork people who have been injured on public and private pavements due to the recent ice we have endured.
The type of injury sustained can range up to the most severe. We have encountered people who have broken limbs, sore backs, and suffered nasty head injuries. These people are now facing the coming weeks being out of work. This is never good news- especially facing into a New Year!
If you have such an accident, which is not your fault, then you may be entitled to compensation. The compensation you may receive will include a sum to compensate you for the pain and suffering of your injury together with all expenses (including loss of earnings, medical bills etc.).
Looking at public pavements, there are many legal rules governing claims against local authorities. Generally a failure to act e.g. not gritting a road or footpath will not attach a liability to the Council. If, however, the Council had a system of spreading grit but the actual spreading was not done properly/in accordance with the system- that might cause the Council to be liable to you for your injuries. However, those cases can be difficult and there may be a very small chance of success.
When it comes to private properties, occupiers have obligations under the Occupier’s Liability Act as well as the rules of negligence. The occupiers of shops, car parks and similar places have a far greater obligation to take reasonable care for the safety of visitors. It seems to us that there are obligations on occupiers to consider the weather forecasts and conditions and take reasonable and necessary steps. This may include salting/gritting the premises and putting up warning signs. All in all, if you fall on ice on private property, then you may be entitled to compensation.
If you are injured, then you should seek immediate medical attention. You should report the matter to a member of staff.
If you can, take photographs of the area. You may be asked to complete an accident report form and you should take a copy of that.
All of this will be helpful if you consult with us. Cantillons, as your solicitors, will then guide you through the legal process involved in these claims.
If you have been affected by a fall like this, contact us at Cantillons Solicitors, 39 South Mall, Cork on 021 4275673 or [email protected]
* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.