We’ve already had a brief taste of the very cold winter that’s been forecast, and adverse conditions usually result in more accidents. With Christmas and January sales in full flow, slips and trips in public places such as shops and malls are more frequent.

If you are unlucky enough to suffer an injury whilst on someone else’s property, such as falling down a flight of stairs or slipping on a wet floor, you may be able to claim for damages, but under occupier’s liability, your claim is against the shop owner, not the owner of the building.

The occupier of any property has a legal duty to act reasonably and ensure you don’t come to harm while you are on their property. Acting reasonably depends whether you are making a claim or having a claim made against you, but as a guide, there are three questions that you should ask:

• are the premises unsafe?
• is there a foreseeable risk of injury?
• is there a significant risk of injury?

The law applies to any premises, not just shops or offices, so if you are injured whilst at a friend’s house, you can make a claim against them. They may not remain friends very long, but if you can prove that they are liable, it is your right under the law to claim for injury.

If you have an accident while you are out, complain immediately to the shop owner or the occupier and make sure that they record the incident. Get details of any witnesses and write out a statement while it is still fresh in your mind, recording where you were, and what, how and why it happened.

You will need proof of any injuries, so take photographs of cuts or bruises, and if you did not need hospital treatment, see your GP so that there is a record of the date and extent of your injuries. Keep details of any costs or expenses that you had to pay, because you will need these when making your claim.

You must make your claim within three years of the incident, but as cases can take a long time to get to Court, we would advise that you see your solicitor immediately who will start the ball rolling and make sure that you claim everything to which you are entitled.

Legal Aid may no longer be available, but most home contents policies include legal expense insurance cover for this very situation. If your case is relatively straightforward then you may be able to make a claim under a conditional fee (no win, no fee) arrangement.

If you would like advice about any of the issues raised in this article, contact Nigel Robson of Motley & Hope Solicitors, The Manor House, Shortmead Street, Biggleswade Alternatively you can telephone Nigel on 01767 600600 or e-mail: nigelrobson@motleyandhope.co.uk.