Oap Slip, Trips And Falls: Can I Claim Compensation?

When you or an elderly relative falls, you may be able to claim compensation

. When an OAP has a slip, trip or fall it can prove to be particularly serious compared to a fall of a younger person. Therefore, if your elderly relative has had a fall which was caused by a third party's negligence, you have every right to make a claim. Often an elderly person does not feel in a position to claim, for this reason it is possible to make an injury claim on their behalf should they be incapacitated or ill equipped in any way to make the claim for themselves.

Fall In A Care Home

When an elderly person is living in a care home, if they have a slip, trip or fall when they are meant to be being helped by a carer you could have basis for a claim against the care worker for their negligence. This is the case whether the care is private or government provided. Should an OAP have a trip, slip or fall when alone you would have a potential claim on your hands if the fall occurred due to lack of supervision when there should have been some, lack of safety equipment (such as handrails), lack of signage of hazards or removal of hazards: these could be removable or avoidable hazards like standing water, or cables.

Fall In Hospital

If you or your relative falls in hospital it can create further complications beyond that which they were admitted for, previous cases of falls whilst in hospital have resulted in fractures, loss of confidence and discomfort. Whilst in hospital it is the responsibility of the hospital itself to have appropriate health and safety procedures in place, you may be able to claim against the hospital for negligence should these have been breached. Again, as with slips in a care home, if the fall is due to inappropriate signage or lack of cleanliness or lack of removal of hazards, you again may be able to make an injury claim. Finally, if a single individual is responsible for you or your relative's fall you have licence to claim against this individual for their negligence.

Fall At Home

Unfortunately falls at home are often not possible to claim for, as when a slip, trip or fall occurs on a property it is the owner themselves who is deemed liable. However, you may have a basis for a claim should the fall have occurred when the individual was in the care of a third party, for example a home help or social worker who should have been ensuring something of the like did not occur.

Obviously every scenario has a tendency to be slightly different, and whatever the situation you should not hesitate to contact a specialist solicitor who will be able to give you the information you need regarding your claim.

by: Paul Howe

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