Car parks are generally busy environments with large amounts of both vehicles and pedestrians in the area. Having this much traffic in one space may lead to an accident, with people sustaining various injuries as a result.
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A common type of accident in car parks is slips, trips and falls. They can be caused for a number of reasons depending on a number of different factors. If you have sustained an injury following a slip and fall in a car park and have decided to make a claim for damages, your claim will be made through the Personal Injuries Assessment Board.
Following a car park slip accident, it can be difficult to determine who is responsible as the car park may be owned privately or publicly.
Publicly owned car parks are generally looked after and maintained by the local council in the area. They are responsible for the maintenance and upkeep of public land and have a duty of care to ensure the health and safety of members of the public who will be on the property. They are required to carry out frequent risk assessments which will help to both identify and eliminate risks. If there are any hazards which could potentially lead to an accident that cannot be eliminated right away, there should be warning signs in place to make people aware of this. If it is found that the council have breached their duty of care and acted negligently which in turn led to the cause of an accident then they will be found liable. They must take reasonable steps to ensure that the health and safety of all members of the public is a priority.
Car parks which are privately owned are maintained by the occupier or owner of the premises in which they are located. They also have a duty of care to car park users to ensure their health and safety. This is outlined in the Occupiers’ Liability Act 1995. The Act states that an occupier of a premises owes a reasonable level of duty of care to any visitors to their property. This means that they should have a regard for their health and safety at all times and ensure that they do not sustain any injuries while on the premises. Privately owned car parks would generally be owned by car park companies or individual shops which are located on the property also. Following an accident where an individual sustained injuries, the occupier, owner or management may be found liable following negligent behaviour and failure to ensure health and safety.
Injuries sustained in car park slip and fall accident claims include:
This is one of the most common causes of accidents in a car park as people may trip and fall on uneven or damaged footpaths. It is up to the owner of the car park to ensure that it is maintained to a high standard so as to reduce the risk of an accident occurring. If a damaged footpath has been reported and noted but nothing can be done to fix the issue straight away then there should be procedures in place on what to do during this time such as blocking off the damaged area or having warning signs in place to make people aware.
It is important that there is adequate lighting in all car parks so as to avoid both vehicle and pedestrian accidents. Inadequate lighting could make obstacles difficult to see which could lead to slips, trips and falls.
If roads are not maintained to a high standard it is likely that an accident will occur as a result. Car parks and road surfaces should be maintained and checked regularly to reduce the chance of accidents.
Injuries are commonly caused due to spillages of oil, petrol or other liquids. This is one of the leading causes of many slip and fall accidents. If spillages are not cleaned up it can lead to an accident occurring as people may not have time to react to the situation if they are not aware of the hazard. There should be practices and procedures in place on how to deal with a hazardous situation in a timely manner so as to avoid injury.
Following an slip and fall accident in a car park, there are a number of steps you should follow:
Your health is your wealth and should be your first priority. Immediately after an accident, take a second to assess yourself to determine if you have any injuries. Then check if anybody else involved in the accident needs medical attention. If anybody has sustained a serious injury, ensure that you contact an ambulance to attend the scene.
You must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case, it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
It is important that you report the accident to management. You may be required to assist to fill in an accident form. This is to provide them details of how the accident occurred and details of the injury. You should also request that they preserve any CCTV footage.
Collect contact details of any witnesses to the accident – their names and contact information.
It is important that you collect all the relevant information in connection with your accident:
If you are considering moving forward with a claim for any personal injuries sustained, it is advisable that you speak with a public place accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A solicitor can help you prepare your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.
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Once you have gathered most of the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist public place accident solicitor to help you with this.
When you decide you want to move forward with your claim it is important to have as much as possible of the relevant information to hand when contacting a solicitor. Some of the important information to have on hand at this point is:
As a solicitor is aware of the claims process they can avoid any legal bumps in the road you might encounter if you looked after this matter yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or hospital details so he can obtain a report on your injuries. This report will then be used to allow us to progress your case.
As soon as your solicitor has gathered all the information, your accident claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage, you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.
At this point one of two scenarios will unfold:
a. If both you and the other party accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or the other party reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point prior to a court hearing date without you ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and this allows you to focus on your recovery, as they focus on settling your case.
At Tracey Solicitors LLP, we make law accessible to all – regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your accident, phone 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case, where you can speak with a member of our team straight away.
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If you are to proceed with a car park slip and fall accident claim you may be entitled to recoup costs to you as a result of the accident. This is along with added expenses you may have incurred, these claims are called damages:
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.
Special damages are out of pocket expenses incurred as a result of an accident in a car park, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Learn more about Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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