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Claim for Tripping in Cemetery

I would like to pursue a claim for tripping in cemetery. When I was going to visit my father’s grave I tripped over an insecure headstone and hit my head on one close to it, leaving me with a mild concussion and a broken ankle. Who is responsible for this?

In a claim for tripping in cemetery it is the local councils, churches or private cemetery owners that are liable for any injuries caused. It can be a delicate matter to address, especially for the families of the deceased to whom the gravestone belongs. However, broken and insecure gravestones have become an issue in recent years, one that can often be hazardous. Though it is a delicate issue to the families involved, it is still no excuse for the council, church or private cemetery where this incident took place to be negligent when it comes to cemetery safety. Because they owe the local community a duty of care when it comes to maintaining the safety of the premises of the cemetery, your injuries display a breach in their obligation of care.

To avoid the likely denial of liability for your injuries by any of these organisations, it would be wise to compile as much evidence as you can to support your claim for tripping in cemetery compensation. You should return to the cemetery with a surveyor who can point out any instances of instability in the area you tripped and also the surrounding area. Take pictures if you can and also collect witness testimonies if anybody saw your accident occur. If you visited the hospital for medical treatment after the incident happened you will also be able to use your medical history as a piece of evidence to show when your injuries were sustained.

You should then present all the evidence you have gathered to a personal injury claims solicitor who has experience with cemetery injury claims. They will be able to assess the strength of your case by examining your evidence in relation to your age, sex, general state of health prior to the accident, suffering and pain endured during the accident and the potential psychological and financial impact it has made to your life as a consequence. If they deem your case to be sufficiently strong, they will offer to provide you with legal representation in your claim for tripping in cemetery on a “No Win, No Fee” basis. This means that should your claim be unsuccessful, you will not have to provide any legal fees. However, you may still be liable for the legal fees of the defence. Your solicitor will discuss all possible outcomes with you when you consult with them.