After a slip accident, the most important task is to capture the floor surface in the condition it was at the time of the incident — before cleaning regimes change, before remedial work is carried out, and before weather or use alters the surface. Post-incident pendulum testing is time-critical. We attend within days where instructed urgently.
Slip claim defence rests substantially on what the floor was actually like at the moment of the accident. Once the surface has been cleaned, treated, replaced or simply walked over for a few weeks, the test data captured later may not reflect the conditions that caused the fall.
The strongest evidential position is pendulum testing carried out within 24–72 hours of the incident, with the floor in the condition it was found, photographs of the surrounding scene, and witness statements taken before memories degrade. Weeks-later testing produces results that are still useful but evidentially weaker.
Where remedial work has already been carried out before our attendance, we test what remains and document the alteration. In some cases this still produces useful comparative data — for example, if a section of the original surface remains untouched alongside the remediated zone.
Where retained samples of the original flooring exist (the contractor often keeps offcuts), laboratory testing of those samples can supplement in-situ data on the replacement surface.
Most post-incident instructions come through the operator's insurer or via a defendant solicitor's panel. Where the matter is likely to proceed to litigation, we structure the testing methodology and report from the outset to comply with CPR Part 35, so the same data and report can be used both for early-stage liability assessment and, if needed, as expert evidence at trial.
Pre-litigation testing (before proceedings are issued) gives the instructing party flexibility on whether to use the report and on how to disclose it. Once proceedings have started and a single joint expert is appointed, the methodology and reporting are constrained by the Civil Procedure Rules and joint instructions. We work in both contexts.
| Time elapsed since incident | Evidential strength |
|---|---|
| 24–72 hours | Strongest. Surface still reflects accident conditions if undisturbed. |
| 1–2 weeks | Strong, with care taken to document any changes since the incident. |
| 1–3 months | Useful but qualified. Cleaning cycles and weather will have altered the surface. |
| 3+ months | Limited direct evidential value of the current surface; retained samples or photographic forensic reconstruction may be needed. |
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