Slips, Trips and Falls in 2026: Why Employers’ Liability and Public Liability Claims Remain a Vital Area of Personal Injury Law

Employers’ Liability (EL) and Public Liability (PL) claims continue to form a cornerstone of personal injury litigation in the UK in 2026. While wider personal injury claim volumes have generally declined over the past decade due to reforms, procedural changes and shifting insurance practices, EL and PL claims remain consistently prevalent.

Accidents in workplaces and public spaces are still occurring every day and many of these incidents arise from entirely preventable hazards.

Despite advances in health and safety regulation and increased awareness among employers and public-facing organisations, slips, trips and falls remain one of the leading causes of injury across both workplace and public environments. They are often dismissed as minor incidents at the outset, but they can result in significant orthopaedic injuries, long-term pain conditions, psychological trauma and substantial financial loss.

At Hopkins Solicitors, we continue to see a steady flow of EL and PL claims arising from everyday incidents that should, in most cases, have been avoided. These claims not only provide injured individuals with access to compensation, rehabilitation and financial support, but also play an important role in ensuring that organisations are held accountable for maintaining safe environments.

EL and PL accidents in modern environments

In 2026, there is a common perception that workplaces and public spaces are safer than ever before. Formal risk assessments are now routine, health and safety policies are widespread and most organisations are aware of their legal duties. However, the reality is that accidents continue to happen because risk is not always properly managed in practice.

Slip and trip accidents remain the most frequently reported cause of non-fatal injury in both workplaces and public environments. These incidents are particularly common in environments where there is a high level of foot traffic or time pressure, such as supermarkets, warehouses, hospitality venues, healthcare settings and busy retail premises. In these environments, hazards can arise and may not be addressed promptly.

What makes these cases particularly significant from a legal perspective is that they are often preventable. The law does not require employers or occupiers to guarantee absolute safety, but it does require them to take reasonable steps to ensure that risks are identified and managed. When those steps are not taken, liability may arise.

The legal framework governing EL and PL claims

Employers owe a non-delegable duty of care to their employees to take reasonable care for their safety. This includes providing a safe place of work, safe systems of work, competent colleagues and appropriate training and supervision.

Public Liability claims, typically arise under the Occupiers’ Liability Act 1957, which imposes a duty on those who occupy premises to take reasonable care to ensure that visitors are reasonably safe while on the premises. This duty extends to members of the public visiting shops, restaurants, leisure facilities and other public-facing environments.

In both EL and PL claims, the central question is whether the defendant failed to take reasonable steps to prevent foreseeable harm. This involves a detailed examination of what systems were in place, whether those systems were followed and whether the risk could have been reduced or eliminated through reasonable measures.

In practice, liability is rarely straightforward. Even where an accident appears obvious, insurers frequently dispute claims on the basis that reasonable systems were in place or that the claimant contributed to the accident in some way. This is why detailed investigation and evidence gathering are essential from the outset of any claim.

Why EL and PL claims are taking longer to resolve in 2026

One of the most common frustrations for injured individuals is the length of time it takes for EL and PL claims to reach a conclusion. While delays in litigation are not new, there are several factors contributing to longer case durations.

A significant reason is the increasing level of scrutiny applied by insurers when investigating liability. It is now routine for insurers to request extensive documentation, including CCTV footage, accident reports, maintenance logs, cleaning schedules, training records and risk assessments. In many cases, this evidence is not readily provided and must be formally requested, chased and sometimes compelled through litigation processes. This alone can take several months, particularly where large organisations are involved.

CCTV footage is a frequent source of delay. Many organisations operate systems that automatically overwrite footage after a short period unless it is formally preserved. If early notification is not made, crucial evidence may be lost, which can significantly complicate liability investigations.

Medical evidence is another major factor contributing to delays. EL and PL claims often involve injuries that require specialist medical assessment, including orthopaedic, neurological and psychiatric input. In many cases, it is not possible to fully understand the long-term prognosis of an injury until the claimant has undergone a period of recovery or treatment. Waiting times for medical appointments, particularly within the NHS, can be lengthy and even private assessments require scheduling and reporting time.

This means that claims are often not able to be valued accurately until well after proceedings have begun. Settling too early risks under-compensation, particularly where ongoing symptoms or future treatment needs are not yet fully understood.

Procedural delays also arise from the increasing number of claims that exit the pre-action protocols or the fixed Portal system. Many EL and PL claims now fall outside the fast-track Portal due to disputes over liability or valuation thresholds. Once a claim exits the Portal, it enters the broader civil litigation system, which is more formal and time-consuming. While this process can be slower, it is often necessary to ensure that complex or disputed claims are properly assessed.

The importance of early evidence gathering in EL and PL claims

Given the delays that can arise later in the process, early evidence gathering is crucial in EL and PL claims. The strength of a claim often depends on what can be secured in the early stages, particularly in relation to liability.

Evidence such as photographs of the accident location, witness details, incident report forms and simultaneous accounts of the accident can be vital. Where possible, early requests for CCTV footage and maintenance records can make a significant difference to the prospects of establishing liability.

In many cases, claimants are not in a position to gather evidence themselves, particularly if they have suffered injury or are dealing with immediate medical treatment. This is where early legal involvement becomes important, as solicitors can take prompt steps to preserve evidence and ensure that key documentation is not lost.

Without early action, defendants may later argue that there is insufficient evidence to establish how the accident occurred or whether appropriate systems were in place at the time. This can significantly weaken a claim, even where negligence is likely.

Why insurers contest EL and PL claims

It is important for claimants to understand that EL and PL claims are frequently contested, even where liability may appear obvious. Insurers are commercially motivated to limit payouts and will often seek to challenge claims on liability or contributory negligence grounds.

Common arguments include assertions that the claimant was not paying attention, that the hazard was obvious and avoidable, or that reasonable systems were in place and properly followed. In workplace claims, employers may argue that appropriate training was provided and that the employee failed to follow procedures.

These arguments can be difficult for claimants to navigate without legal representation, particularly where there is limited documentary evidence or where the employer’s records support their position. This is why careful analysis of evidence and legal duty is essential in building a strong case.

Conclusion

Despite changes in legislation, procedure and insurance practice, Employers’ Liability and Public Liability claims remain a fundamental part of personal injury law in the UK. Accidents continue to occur in both workplaces and public spaces, often as a result of preventable hazards and inadequate risk management.

While the claims process can sometimes be lengthy and complex, this is often due to the need for thorough investigation, proper evidence gathering and accurate assessment of injury and loss. Delay does not necessarily indicate weakness in a case; rather, it often reflects the level of scrutiny required to ensure a fair outcome.

At Hopkins Solicitors, we understand the frustration that delay can cause for injured individuals. However, our focus remains on achieving the correct result, ensuring that liability is properly established and that compensation reflects the full impact of an injury on a person’s life, both now and in the future.

If you have been injured in a workplace accident or in a public place that was not your fault, you may be entitled to compensation. Early legal advice can make a significant difference to the outcome of your claim, particularly in preserving evidence and establishing liability. If you would like to discuss making a claim, reach out to us today by clicking the Request a Callback button below, or giving us a call on 01623 468 468.