Risk Assessment Update – Personal Injury Slip/Trip cases

We see the outcomes of thousands of cases every year and can spot trends or establish common reasons why cases fail. Some are obvious many less so.

The most worrying trend we have noted is in the personal injury area and involves local authority slip and trip cases. The Judiciary appear to be taking an over sympathetic approach to the "plight "of cash strapped local authorities. The success rate in such cases has fallen dramatically in all parts of England and Wales. The need for independent and objective evidence in such cases is paramount.

Some of the critical factors affecting the success of such cases include:

· Cases where a S58 defence has been pleaded and there is no independent evidence to confirm that the defect has been longstanding and therefore should have been present when inspections were taking place. Such evidence needs to be very clear as it is apparent the Highway Inspectors evidence is to be preferred.

· Claimants who are intoxicated in any way via alcohol and/or drugs

· Defects that are not deemed to be an immediate danger. The previous rule of in excess of 1" is not strictly adhered to by the courts anymore

· Cases where there is an uncertainty as to the exact location or mechanism of the slip/trip

All of these factors may appear straightforward but we raise them because we see them present in the cases which fail. Either they are being missed or disregarded. The cost of losing such claims is rising fast and only too often we find the opponent’s solicitor is retained under a CCFA doubling the exposure to the amount of adverse costs.

If you are concerned about this situation speak with your scheme account manager. Review your current cases and ensure there are no surprises awaiting you. Has the opponent’s retainer changed to a CCFA? Do you have independent witness evidence to support the insured’s case?

If you don’t have local knowledge then make sure you get it as too many times we find that local residents have not been sent questionnaires or local businesses have not been approached for background information about previous complaints or incidents.

These cases can still be won but do not think that a good photograph and "nice client" will see you through.