Have you been injured as a result of a slip, trip or fall in a public place?

1. At the scene of the incident

If possible, you or somebody with you should make the best possible record of what has happened. Clearly if you are seriously injured then obtaining medical assistance should be of priority but if you or someone with you is able to do so, it will be extremely helpful if you are able to speak to people who witnessed the accident, including any who helped you or the injured person afterwards. Ask for their names and contact details. If they agree, ask them to tell you what they saw whilst you are filming them.

If you have a mobile phone with you, take plenty of photographs and film, not only of the defect that caused your fall but also the surrounding area. It is important to make a note of the exact location and the addresses of nearby houses, businesses or other premises. This is particularly important if your fall occurs in an area that you are unfamiliar with or not able to travel to easily at a later date. Please keep the films, notes and photographs saved as your Solicitor will need to see them.

2. As soon as conveniently possible after the accident

Do not report your incident/injury to the local authority until you have undertaken the following tasks, as it is vital that accurate photos and measurements are taken of the actual defect which has caused your injury. Some local authorities mend defects within hours of them being reported, so you may lose the chance to take your own measurements if you contact the appropriate council before you have completed these steps.

Photographs and film of the defect will be very helpful and they should also show the exact location.

Make a list of the nearby addresses of houses, flats, apartments, businesses, or other organisations in the area where people may live or work who are familiar with the area where your accident occurred.

It would be particularly helpful if you would politely approach people at those premises and ask them if they are aware of the defect which caused your accident and if so, for how long they remember it being in a dangerous condition. You should record their names and contact details. Be friendly as this type of evidence is often crucial in determining whether your claim is successful or not. In our experience, witnesses are more likely to be helpful if you approach them than if they receive a communication from your Solicitors.

Do not be afraid of using the sympathy vote to obtain their help and assistance. If they are prepared to allow you to film them telling of their recollections (as well as their name and contact details) please do that.

3. Photographs, films and measurements

There should be general shots showing the defect (perhaps with an object placed near it if it is not clear) showing its relationship to nearby walls, pavements and landmarks.

Take several pictures and films from different angles. Take another person with you so you can photograph them measuring the defect.

Your close-up photos should start from approximately 3 metres away and then get closer.

The defect should be in the centre of the photos.

Please take rulers and tape measures with you so you can firstly place them alongside the defect (paving stone, pothole, manhole cover etc) to show its length and width and then you should measure the depth.

To measure the depth and photograph and film it, you should ideally have two straight-edged measuring devices such as rulers. If you have a spirit level that will help as well. What is important is to show the difference in height between the defect and the surrounding footpaths. We suggest that you use one measuring device in a vertical position to show the height and another one placed against it at a horizontal position level with the surrounding path, so it can clearly be seen on your photos (including close ups) the difference in millimetres between the depth or height of the defect and the surrounding road, path or pavement surface.

If you cannot access a ruler or tape measure, then use a standard object such as a bank note or a large coin to show the height. Use rulers and tape measures wherever possible and remember to film the defect and a person measuring it.

4. Your out-of-pocket expenses

From the date of the accident onwards, start a spreadsheet or other record of your out-of-pocket expenses and keep receipts where possible. If you travel to hospital, your GP or another medical institution by car, keep a record of the mileage driven by you or somebody else. Keep receipts for public transport or taxis. If any of your clothes or property are damaged in the incident, keep them and also take photographs of them.

If you receive assistance from others as a result of your injuries, keep a record of their names and the hours of assistance you receive, together with the types of help they give you if they are unpaid (typically family members or friends) and keep invoices if you pay those people to help you (such as cleaners, gardeners, carers etc). If you pay for medication, private treatment and aids and equipment, please keep receipts.

5. Legal expenses insurance

You may be insured in respect of the legal costs of proceeding with a claim and you should check your house contents policy (the policy in force at the time of the incident if you have changed insurers since the incident), any bank accounts, credit cards and other insurance policies which may include legal expenses insurance as an add-on. Your Solicitor will need to see the policy including the schedule and the policy booklet when you instruct them.

6. The footwear you were wearing at the time of the accident

This is often a matter raised by the opponent or their insurers. Take clear photographs of the footwear you were wearing and particularly take a picture or two with a tape measure showing the height of the heel of the shoe, boot or other item and keep it until the case has finished as it may be needed as evidence at a later date.

7. Your recollection of the events

Write down your detailed recollection of the events leading up to and including the incident and events afterwards.