Q&A - Can I get compensation for fall on slippery decking?

Q: A few weeks ago I went to a local pub, entering across a decked area which was wet and extremely slippery following heavy rain. As I stepped onto the decking I slipped and heard a bone crack in my leg. My husband took me to hospital where they confirmed a break and put my leg in plaster. As I deliver parcels for a living I cannot currently work. Can I claim compensation from the pub owners?           

A:  The decking may have been slippery because of the rain or because it had not been regularly washed down to clear any build-up of mould caused by the microorganisms that constantly float through the air.

Whether it is a brewery, manager or pub tenant, someone will have a responsibility to regularly inspect all surfaces which are accessible by the public and to ensure that no serious risk of injury is posed... " to see that the visitor will be reasonably safe in using the premises".

Photographs showing any mould and, if possible, confirmation from any eye witnesses as to the state of the decking the night you slipped on it will be useful in establishing whether there was a problem significant enough for someone to be held liable for your accident.                                      

As you work and have had to take time off work as a result of the injury, any loss of earnings would be part of any claim for compensation for your injuries.

An issue in any claim is who is responsible for the upkeep of the pub. For example, is it owned by a brewery and managed? Whoever is the " occupier" will be liable. They may say that maintenance or cleaning was entrusted to an independent contractor who could then be liable.

You should contact your local personal injury solicitor who can help you through the claims process

John Hulme

John Hulme

Partner

A Partner and Head of our Personal Injury and Clinical Negligence team in Oswestry

Claire Parfitt

Claire Parfitt

Solicitor

Solicitor within our Civil Litigation team in Wrexham and Oswestry