Any type of spillage has the potential to cause an accident. For example, a spilt drink could cause you to slip and fall in a supermarket whereas an oil spill on a motorway could cause a multi-car pile-up. Importantly a spillage accident claim for compensation may be possible for injuries sustained in incidents caused by somebody else’s negligence.
If you’ve been injured in an accident caused by a spillage, this guide will explain when you might be eligible to claim compensation, what evidence could help prove liability, and what compensation could be claimed for.
To find out more about spillage accident claims call 0800 6524 881 if you’d like to discuss your case with us right away, or please continue reading.
Table of contents
- Am I Eligible To Make A Spillage Accident Claim?
- Common Spillage Accident Claims
- Common Injuries Caused By Spillages
- Evidence To Support A Spillage Accident Claim
- How Much Compensation For A Spillage Accident Could I Claim?
- Time Limits For Claiming Compensation
- Starting The Spillage Accident Claims Process
Spillages can cause accidents in all almost any situation. You could slip on water at work, at school, in a shop accident and at the gym amongst other places. If you wish to claim compensation after being injured from a spillage accident, you’ll need to prove that:
- The defendant (the party you’re suing) owed you a legal duty of care; and
- Their negligence caused an accident involving a spillage; and
- You sustained injuries during that accident.
Proving that you were injured by negligence can usually be achieved by supplying supporting evidence (we’ll explain more about this later on).
Proving a duty of care existed is something many claimants are unsure about. Essentially, you needn’t be too concerned as this is something we’ll check for you when you call. For guidance, you’ll almost always be owed a duty of care in public places operated by local authorities and councils, businesses or charities because of the Occupiers Liability Act 1984. At work, the Health and Safety at Work Act 1974 will apply.
If you’d like to check if you might have a valid spillage accident claim, please speak to our team today.
To give you some idea about the types of accidents caused by spillages that could allow you to claim, we’ve listed some examples below:
Following a road traffic accident, it’s quite common for fluids such as oils to be spilt onto the road. These can become a slip or skid hazard to motorists with motorcyclists being particularly vulnerable and should therefore be cleared up before the road is reopened. If that doesn’t happen and you skid on the spillage later on, you could sue the highways authority or local council for any injuries that result.
Please refer to our page on RTA claims for further advice.
Public places such as restaurants, leisure centres, hotels, shops, supermarkets and shopping centres have a legal responsibility to try and keep customers and visitors safe from harm. Therefore, if a spillage occurs, it should be cordoned off with warning signs or cleaned up as swiftly as possible. If you are injured after slipping on a spillage in a public place that has not been dealt with promptly, you could be eligible to seek compensation.
Please refer to our page on public place accident claims for further advice.
While no workplace will ever be completely free from risks, employers must try to prevent workplace accidents to protect their staff’s safety as much as possible. You could therefore be compensated for injuries caused by spillages in warehouses, factories, offices and retail units. Also, if spillages are common or unavoidable your employer may be liable for any injuries if they failed to make procedural changes or provide you with anti-slip footwear to reduce the risk.
Please refer to our page on accident-at-work claims for further advice.
In all of the above scenarios, you may be able to claim for any injuries if the responsible party, the business owner or their staff failed to act swiftly to deal with the spillage that caused your accident. If you believe you should be compensated, speak to our team today by calling 0800 6524 881.
Effectively, any injury sustained in an accident caused by a spillage due to somebody else’s negligence could mean you’re entitled to compensation. Some of the most commonly claimed for injuries include:
Although your specific type of injury caused by a spillage may not be listed above, we could still help you to claim compensation if it can be proven another party is liable.
Securing evidence following a spillage accident is essential because, eventually, the cause of your accident will either dry out or be cleared up. Unless you can prove to the defendant’s insurer that a) the accident was caused by a spillage, b) the defendant was to blame and c) you sustained injuries, you likely won’t be compensated.
Therefore, some of the steps you could take to secure supporting evidence include:
- Take photographs. It’s really important to try and take photographs of the cause of your accident if it was caused by a spillage. Do this as soon as possible and take multiple photographs from various angles.
- Secure CCTV recordings. If the spillage accident occurred in an area covered by a security camera (or a dashcam in the event of an RTA), request a copy of the footage as soon as possible.
- Visit a hospital. It’s important that any injuries are assessed and treated correctly (rather than just relying on first aid). This should improve your chances of a full recovery. Additionally, any medical records and x-rays could be used to prove how you’ve suffered.
- Speak to witnesses. If anybody else saw the spillage accident in which you were injured, ask them for their contact details. Your solicitor may need them to provide a statement at a later time.
- Report your accident. Whether you slipped and fell at work or on a spillage in a public place, you should report the incident. The business owner is legally obliged to record it in their accident report book and your copy could be used to prove when and where you were injured.
As well as the above, you may wish to write down as many details about your accident as possible so that it’s easier to recall the facts when discussing your spillage accident claim with your solicitor.
A successful personal injury claim could compensate you for a) your suffering (general damages) and b) any costs you’ve incurred because of your injuries (special damages). It’s therefore important to consider exactly how you’ve been affected before filing the claim.
Some examples of what you could be compensated for in a spillage accident claim include:
- Any physical pain caused directly by the spillage accident.
- Mental trauma from the accident and your injuries (distress, anxiety, depression etc).
- Loss of amenity – how your injuries have affected your normal activities and hobbies.
- Loss of earnings – and future losses too for longer-term injuries.
- Medical costs such as having to pay for prescription medication or physiotherapy costs.
- Care costs – to cover a loved one’s time if they cared for you for example.
- Fuel, parking and other travel expenses.
- Replacement costs for damaged property such as clothing, bags or jewellery.
- Home adaptations – to help you in coping with any permanent injuries or disabilities.
Should you decide to make a claim with a personal injury solicitor from our team, they’ll assess everything in fine detail before submitting your claim. In all cases, they’ll only finalise the claim if they believe the settlement amount compensates your suffering fully.
When your claim has been assessed properly, your solicitor will explain the settlement you might be able to get. For now, you can use our compensation calculator to get some idea about how much could be awarded for certain injuries commonly caused by spillages:
To prove the extent of any injury you claim for, you may need an independent medical assessment. This is a normal part of the claims process and nothing to worry about.
As you may be aware, personal injury claims have a 3-year limitation period. For most spillage accident claims, that time limit will begin from the date you were injured. However, if you’re claiming on behalf of a child as a litigation friend, you can claim at any point before their 18th birthday (or they’ll have 3-years to claim themselves from that date).
In our experience, collecting evidence and medical reports is easier the sooner you begin the spillage accident claims process. Therefore, rather than leaving it to the last minute, please speak to one of our advisors today.
If you’ve decided that it’s time to start the claims process, call us today on 0800 6524 881. Whatever you decide to do, a specialist will provide free legal advice and review your case for you.
Remember, if one of our personal injury solicitors agrees to help, they’ll represent you on a No Win No Fee basis.
Our live chat team are on hand if you’ve any additional questions about making a spillage accident claim.