LEGAL PRINCIPLES OF SLIPS TRIPS AND FALLS 19

LEGAL PRINCIPLES OF SLIPS, TRIPS AND FALLS 19 th November 2015 Eilean Duane, Solicitor Litigation Department Ernest J. Cantillon Solicitors

Overview 1. The Legal Responsibilities of the Occupier/Service Provider 2. The General Hazards associated with trips and falls 3. Specific Hazards in Healthcare Context 4. Preventative Measures to take 5. Steps to be taken if a fall occurs 6. Conclusion

Introduction • Applicable Legal Principles • Potential Liability • Consequent Prevention

Legal Responsibilities of the Occupier/Service Provider • Liability as Employer • Liability as Occupier • Negligence – wrongdoing and fault – duty of care – breach of duty of care – injury caused by breach of duty of care

Duty of Care • Common Law Duty of Care • Statutory Duty of Care • Common Law Duty of Care – Kelly v Board of Governor of St Laurences Hospital 1988

• Statutory Duty of Care - Reasonableness - Occupiers Liability Act control state of premises entrants – visitors, recreational users, trespassers - Contributory Negligence - Restriction / Variation of Occupiers Duty intention reckless disregard - Warnings

General Hazards • Foreseeable Injury - Risk Assessments - Steps to Identify Hazards - Obvious Hazards

Specific Hazards in Health Care Facilities • Identify Potential Hazards • Practical Examples

Preventative Measures • Taking reasonable steps to prevent foreseeable injury • Practical steps to be taken • Practical examples

Steps to be taken if a fall occurs • • • Duty of Candour Treatment Cause of fall Preventative measures Witness statements Risk Department CCTV Incident Report Form Re – Assess Record

Conclusion • Fault Based Legal System • Foreseeability and Prevention • The Importance of Risk Assessments