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Slipped on ice in Scotland? Can you make an injury claim from falling on ice at work or in public?

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If you have suffered an injury as a result of a slip on ice at work or in public  in Scotland, you may be entitled to compensation. In winter months, as temperatures drop, it is common for people to slip on ice.  The risk of suffering injury can be heightened if the owner or occupier of the land has failed to take adequate steps to reduce the risk of slipping.

This article will discuss these types of accidents as well as answer some key questions you may have.

Accidents in a public place caused by ice

If walking in a public place, and you slip on ice, you may be entitled to bring a compensation claim against the party responsible.  The first step is to identify the correct party.  Public places include, but are not limited to:

·       Public paths or walkways;

·       Supermarkets or supermarket carparks;

·       Retail and shopping parks;

·       Train or bus stations;

·       Hospital or GP surgery grounds; and

·       school grounds

Once identified, a claim can be intimated on the occupier.

Accidents in a workplace caused by ice 

Your employer ultimately has a duty of care towards you, meaning they must do what is deemed reasonable to prevent you from slipping on ice in the workplace.  This includes all areas such as work yards, carparks, pathways, and general grounds.  These areas require to be kept clear of ice.

It is important to remember that if you make a claim against your employer due to slipping at work on ice, it is almost always your employer’s insurance company which will deal with the claim and pay your  compensation.

Furthermore, it is illegal and unjust for your employer to sack or to treat you differently as a result of making a compensation claim.  Any dismissal on those grounds would result in unfair dismissal.

The law in Scotland

In order to be eligible to claim, you must have suffered an injury as a result of slipping or tripping on ice within the last three years.

The Occupiers Liability (Scotland) Act 1960 states that occupiers/employers of premises owe a duty of reasonable care to all visitors/employees to ensure that they will not suffer injury or damage by reason of any such danger (such as ice).

This means they must, during inclement weather, have recognised procedures in place to minimise the risk of you slipping.   If it is proven that an occupier fails in this duty and does not adequately address a potential hazard of ice, any claim is likely to be successful.

What you should do after slipping and injuring yourself on ice?

Firstly, if required, seek medical attention as soon as you can.   This can be done by either attending Minor Injuries, Accident and Emergency, or your general practitioner.  If possible, take photographs immediately after your fall to show the location of your accident.

Take contact details for any witnesses that may have observed your fall or, if not, can speak to the area where your accident occurred and/or the   conditions that day.  Keep a record of any expenses you have such as pain relief, travel costs, physiotherapy costs etc.

If the accident happened in a public place, call your local authority to report the accident. You will need to know the exact location.  Similarly, you should do the same if it happened in your workplace as the employer will require to register a report.

Injury claims advice for slipping on ice in Scotland

If you have been injured as a result of a slip on ice in Scotland and wish to discuss the matter, it is important to contact an experienced personal injury solicitor to get the help and support you need.

Jamie McGill is a Solicitor in the Personal Injury team at Calio Claims. He has experience of litigating matters for pursuers in the Sheriff Courts, All- Scotland Personal Injury Court, and the Court of Session.

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