Slip, trip and fall accidents are commonly associated with petrol station forecourts. Accident claims are usually made when a person slips and falls on fuel spillages and other debris in the forecourt area of a petrol station. A claim made for injuries sustained as a result of an accident in a petrol station forecourt are made through the Personal Injuries Assessment Board (PIAB).
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When making a personal injuries claim it is important to determine who is liable for the cause of the accident. Following an accident in a public place, it is usually the occupier or owner of the premises who is responsible as a result of a breach of their duty of care or negligent behaviour. They have a duty to provide a reasonably safe place for all customers and visitors. The Occupiers’ Liability Act 1995 states that an occupier of premises owes a reasonable level of duty of care to any visitors on their land. This means that they should have a regard for their health and safety at all times and ensure that they do not sustain injuries while on the premises. Unless it can be shown that they took reasonable steps to prevent an accident then it is likely that they will be found liable for injuries sustained. If an employee has acted in a negligent manner which caused an accident then their employer may be seen as liable. This will be determined based on the cause of their negligent behaviour.
It is not always the owner of the petrol station who is responsible for accidents. In some cases, it can be other customers who have failed to show a reasonable duty of care to those around them. They may have spilt fuel while filling their vehicle and did not report this or do anything to prevent an accident. As petrol station forecourts are generally a busy environment it is important that both employees and customers show a reasonable level of care for others. Failing to do so can result in an accident occurring or injuries being sustained.
If you have sustained an injury following an accident at work in a petrol station if your employer acted negligence they may be deemed liable for the accident. They have a duty of care to their employees to ensure that their health and safety is a priority while they are at work. Before undertaking a job an employer should be made aware of potential risk or hazards associated with the work they will be carrying out. This can reduce the chance of an accident occurring as they will know what practices and procedures should be followed. An employee should also ensure that they co-operate with regulations in place as they also have a duty of care to ensure that they do not act in a negligent manner.
Injuries sustained in petrol station forecourt accident claims include:
One of the most common causes of forecourt slip accidents is fuel spillages. This can create a very slippery surface which can lead to various injuries being sustained. This usually occurs as a result of lack of training of employees as they may fail to act quick enough to clean up the spill. If it cannot be cleaned up in a timely manner there should be warning signs in place to make people aware of the potential hazard. This can greatly reduce the chance of an accident occurring.
An uneven road surface can lead to trip and fall accidents as it may be difficult to prevent these accidents. Potholes in the forecourt of the petrol station would be a common cause of this as people are likely to trip over them. The owner of the petrol station has a responsibility to ensure that they maintain the area of the forecourt to ensure that there are no potential hazards.
Poor and cold weather conditions can lead to the forecourt area becoming slippery as a result of ice. This can cause people to slip and sustain various injuries. There should be practices and procedures in place to deal with this situation when it occurs.
Following an accident in a petrol station forecourt, 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.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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If you are to proceed with a petrol station forecourt slip 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 petrol station, 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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