Lawford Kidd's Blog

Discretionary Fatal Accident Inquiries (FAIs) for circumstances in which a Scottish person dies abroad and their body is repatriated to Scotland are to be allowed for the first time across the nation, following the introduction of The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Bill.

While the decision whether or not to hold an FAI still remains with the Lord Advocate, who must believe there to be real prospect of establishing the circumstances of the death abroad and that said circumstances have not been already established by way of investigation, the Bill is aimed at modernising and strengthening the FAI process in Scotland.

The winter season brings a great deal more of a certain type of accident – slips, trips and falls. More than a third of all accidents reported to the Health and Safety Executive are as a result of slips and trips. Slippery pavements, wet shop floors and dark nights all make leaving your home slightly more dangerous. Although such falls may seem minor, a serious one may leave you seriously injured and even with lasting effect. Whilst some of the incidents are genuine accidents for which no one can be blamed, often they are caused by carelessness or negligence on the part of someone with a legal responsibility to prevent them. In the latter circumstance, the injured party may have a right to receive compensation and recover the cost of loss of earnings and any medical treatment required.

What should I do if I have suffered a slip, trip or fall injury?

In order to have the best chance of success in reclaiming compensation, there are some things you can do.

Record the Accident - If you are seriously injured you should make sure you receive medical attention as soon as possible. Otherwise, you should report the incident to the person responsible and log it in the accident book if possible.

Slips, trips and falls were by far the main cause of public liability accidents in Ireland in 2013, according to recent figures from the Irish Injuries Board. Over 1,700 public liability awards were made during the year, with total compensation awarded amounting to €44 million.

The average public liability award rose year on year by almost 11% to €25,120. In addition, over a two year period, the number of awards of over €100,000 increased from two in 2011 to 18 in 2013. In previous years, females accounted for a far higher proportion of public liability awards made than men. This trend continued in 2013, with females now accounting for 71.4% of total awards made.

Slips, trips and falls accounted for over two-thirds of personal injuries in public places and included accidents on wet floors/surfaces, uneven/broken pavements, drains and manholes.