Falls and Falling Objects

When you are injured in a fall, it can feel embarrassing and you may naturally blame yourself, feeling that you should have managed to avoid any hazard. You may have been distracted by a conversation, looking around or looking at your phone.

However, the law makes it clear that we are not expected to spend our time constantly looking at the pavement in front of us, scanning for defects in the pavement or drops.

Similarly, where there is a risk of objects dropping from height, the law expects that there will be reasonable measures in place to protect us – for example, warnings signs and fences to prevent access.

Where trees or branches fall, you may be able to bring a claim against the landowner for not inspecting their garden regularly.

What if you were drunk?

The law allows people to be drunk, and on licensed premises the occupier will need to plan for the fact that many patrons probably will be.

They will need to consider that you may be more likely to fall and will need to carefully guard any drops, clean more regularly and make sure that areas are adequately lit.

However, the law will not allow you to avoid the consequences of your decisions by virtue of the fact that you were drunk – and may reduce your damages if your decisions have contributed to your fall.

A good example of this is that some people when drunk will slide down handrails in pubs or clubs. The occupier will need to plan for this (and put measures in place to try to prevent it happening), but the law will also recognise the significant risk that the person has taken in the event that an injury occurs.

If you or a loved one has suffered a life-changing injury following a fall, and you would like to discuss making a claim, please contact our team on 03333 058375 or email to [email protected] today. We’re here to help you.