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

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

3. Introduction Applicable Legal Principles Potential Liability
Consequent Prevention

4. 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

5. Duty of Care Common Law Duty of Care Statutory Duty of Care
Kelly v Board of Governor of St Laurences Hospital 1988

6. - Contributory Negligence
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

7. General Hazards Foreseeable Injury - Risk Assessments
- Steps to Identify Hazards
- Obvious Hazards

8. Specific Hazards in Health Care Facilities
Identify Potential Hazards
Practical Examples

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

10. 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

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