How to claim injury compensation against the council

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Councils and local authorities have a legal obligation to guarantee the safety of the public when using pavements, roads, and other properties under their care. Despite this, injuries occur annually due to issues like loose paving stones or potholes. If you intend to sue the council and claim compensation, you will need to establish that your injury resulted from the council’s negligence.

Although council liability can be a hard thing to prove, it can be done, and below we’ll guide you through how to claim against the council and what to do after injuring yourself in public.

Is it easy to claim against the council?

Claiming personal injury compensation against the council isn’t easy. Mainly due to precedents set by the courts – over time this has made defending such claims fairly simple for local authorities.

When a claim is made against a council, they will often fall back on what’s known as the ‘Section 58 defence’. This essentially means they can provide documentation showing a reasonable system of maintenance and that repairs were made promptly. They may also argue that there have been no previous accidents or complaints.

Because of these barriers to claiming, it is vital to work with a specialist Solicitor who has a proven track record of success in public liability compensation.

What claims can be made against the council?

Claims can be made if the council has failed to uphold its statutory duties and therefore can be held liable for your injuries. For example, if known hazards are left dangerous for too long, usually over 6 months, they can’t fall back on the Section 58 defence.

Slips and trips are the most common accident situations leading to successful compensation claims against the council:

Proving council liability

To prove council liability, claimants must show that the local authority responsible for the site of their accident:

  1. Had known that a hazard was present.
  2. Had reasonable time to inspect that area of road or pavement
  3. Should have repaired the hazard and removed the risk of injury.

Understanding negligence in council inspection duties

In summary, councils have the following duties when it comes to roads and pavements:

  • To have a system to regularly inspect roads and footpaths for accident risks
  • To check busier routes more regularly than less used ones
  • To repair any defects within a reasonable time
  • To act on any public reports of dangerous surfaces within a reasonable time
  • To signpost any hazards or dangers to the public

Failing to uphold these responsibilities could leave a council open to being sued by someone injured as a result of their negligence.

Local authority highways departments should (in most cases) inspect every section of their roads and footpaths once every 6 months. An inspector should record the roads and pavements that they have inspected and the local authority should hold a record of this.

A claim will not succeed if the council can prove they inspected the area within the last 6 months and no defect was found.

Exceptions

A council inspection report does not necessarily absolve them of potential negligence. For example, in some cases, the courts have found that the inspection regime of a local authority was inadequate. Although they had checked the pavements, they hadn’t done so thoroughly – perhaps driving by instead of inspecting on-foot – and were therefore liable for the claim that they faced.

How to report your injury to the council

As with all accidents, it is important to report and record your accident correctly. When you report injuries to a local authority, they should give you a report log number and may well send you an incident report form.

If you’ve been injured on a public footpath, you must report to the relevant department of the local authority responsible for the area in which you fell.  You should describe the hazard and its location, what injuries you’ve sustained and what medical treatment you have received.

Try to take photographs of the accident site showing the depth or height of the hazard with clear measurements. You could also get the names and contact details of any witnesses, as this will provide further evidence.

Before sending all this in, our best advice is to hire a specialist personal injury solicitor to run your claim, as this will give you the best chance of succeeding.

The evidence you’ll need to make a successful claim

If you can prove council liability and your injuries are severe enough, you will be eligible to claim compensation for them. In order to win, claimants must gather as much evidence as possible to help their solicitor force the council to admit liability.

Evidence of your injuries and of the hazard that caused them are essential. To maximise your chances of success you may also need witness statements, a video or CCTV footage of the incident to prove that the accident happened. What you will then need to do is demonstrate that the incident is consistent with the nature of the injury you are claiming for – which should be possible by way of provision of your medical records. Then if it can also be proved the council failed in their required inspection duties and are therefore liable for your accident, your claim should be successful.

Claiming council injury compensation under No Win, No Fee

No win no fee enables you to make a claim against the council without it costing you anything if the claim fails. They typically include:

  • A success fee, which is a percentage of the compensation awarded, payable to the solicitor if the case is won.
  • Insurance policies to cover legal costs in the event the claim is unsuccessful.

The success fee is capped by law, ensuring that the majority of the compensation goes to the claimant.

Our no win, no fee solicitors can claim for the following on your behalf:

  • The pain and distress caused to you by your injuries
  • Associated costs and losses (special damages)
  • Restrictions on your ability to fulfil your usual activities and social life

We understand that it is hard to know if you have a valid injury claim against a council, so why not contact us to discuss your situation or leave a question below? We have years of experience in working on such claims and expert solicitors with a fantastic track record.

By choosing our services, you’ll benefit from:

  • A free consultation to discuss your case and understand your legal options.
  • Expert guidance on gathering the necessary evidence and building a strong case.
  • A no win no fee agreement, ensuring you don’t face any financial risk when pursuing your claim.
  • Compassionate and personalised support tailored to your unique circumstances.

Let us help you turn a challenging situation into a successful claim, allowing you to focus on what truly matters – your recovery and well-being.

You can start your claim online or , and one of our expert team will be in touch. Alternatively, call us on 01225 430285. We’ll only need a few minutes of your time to let you know if you can make a claim.

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Comments & Questions

Read on for questions and advice about claiming, plus council claim examples...

Hi

I was coming out of someone’s house and it was dark. As I was walking to the drive I didn’t notice a tiny drop from the pavement onto the drive as it’s dark literally around 3cms. My ankle went over and I feel and heard two cracks. Spent 4 hrs in a&e and came away with a split on my foot/leg as I had two breaks in my foot. I still have pain a year later if I’ve been on my feet too much or if it’s cold.

It’s off a main road into a private area.

Ian Morris

The best way for us to advise you on whether or not you have any basis upon which to pursue a claim for compensation is for you to send photographs of the accident site to us by email (justice@direct2compensation.co.uk) or via whatsapp (07818034372) so that we can review the area and ascertain whether or not it is likely that it will be possible to hold a 3rd party liable for the incident.

Reply

I live in a small block of communal flats and have slipped twice in the shared communal laundry room. I have suffered a severe amount of bruising and also sciatica issues since my fall. The cleaner had not placed any wet floor signs out and due to my poor vision ( I suffer from multiple sclerosis) I slipped when doing my laundry. I am concerned that another resident could also do the same.

Ian Morris

You have a strong claim for personal injury compensation for the injuries that you have sustained as a result of the fall in the laundry room of your housing block. When cleaners are cleaning or have cleaned a floor and made it wet, they do have a duty of care to erect hazard warning signs that clearly indicate where an area may be more slippery than usual.

In this case, the cleaners have failed to do so and you can therefore seek to pursue them for negligence and claim compensation as a result. If you have not already done so, you should report your accident and the cleaners negligence to the management company that arranges the cleaning and cares for the communal areas in the property in writing.

We can help you to pursue a claim for compensation on a No Win No Fee basis. Please call us on 01225430285 to get further help.

Reply

I fell hit my head and passed out tripping up a pavement in Pimlico. There was blood on the pavement. An ambulance was called and I was taken to st. Thomas’s hospital. My face, neck and eye were badly bruised. I was with a walking group and have witnesses. A shop assistant also brought out a stall for me.

I took photos and wrote to council. They say no one’s fallen before and there’s no negligence on their behalf. The pavements are disgusting. I doubt they checked my visit to the hospital.

This happened on 19th September. My face still hasn’t healed properly and I’m worried about walking now.

I’d like to know if it’s worth taking further? I fell through no fault of my own on badly cracked pavements.

Thank you.

Ian Morris

The generic response you would have received from the local authority is just that – generic. It does not surprise us that the council have simply batted you away and deny any liability. This is where our specialist Solicitors may be able to assist you. We know your rights and can ascertain whether the local authority have a case to answer. You mention having photographs of the accident site. It would be really helpful if you could forward those photographs to us, along with copies of any correspondence from the local authority so that we can review this matter and advise you further, with a view to pursuing a claim on a No Win No Fee basis against the local authority.

You can forward your photographs and correspondence to us at justice@direct2compensation.co.uk

Reply

My partner was walking down some unsafe, uneven steps in April2023. She missed a step that wasn’t there, sprained her ankle and broke her kneecap. She had to have an operation to put it back together and now she’s still limping with a horrible scar down her knee. We contacted a solicitor off google, obviously not a specialist and after months and months. trying to get him to do something, he’s been advised it’s not worth the risk, saying you should of been more careful!

Ian Morris

Had you instructed that Solicitor formally (signed their CFA paperwork)? If so and they have written to you to close the file, it would be helpful if you could email a copy of that letter to us, along with photographs of the accident site so that we can review this matter for you.

You can email the photographs to us at justice@direct2compensation.co.uk

Reply

My daughter slipped on her back step where water was leaking from the drain. She broke her thigh bone & hip, needing major surgery. She went through a no win no fee but they said after nearly 2 years that there is no claim! The council failed to fix the repair.

Ian Morris

I’m sorry to hear that your Daughter’s claim for personal injury compensation was unsuccessful. In a case such as the one you describe, the responsibility for maintenance of the property and services will rest with whoever owns the property. Assuming that this is a local authority or housing association property, they as landlords have a duty to act on reports of any issues of maintenance that a tenant makes to them. There is no duty on the local authority or housing association to carry out inspections of the property (other then when one tenant leaves ahead of another moving in) and they rely on the tenant reporting issues for them to act upon.

In this case, did your Daughter report the water leak to the landlords? If so, the landlord would have a responsibility to attend the site and ascertain whether they must conduct a repair or whether they need to involve an external utility provider – such as a local water board or similar. Of course, when a report of an issue is made, a tenant has to be reasonable in allowing sufficient time for someone to attend, identify the problem and then book a repair. As such, a period of a couple of weeks is a reasonable period of time to afford for such action to be completed.

If someone were to make a report of a hazard and then sustain injury very shortly after, before the landlord had been afforded an ample opportunity to complete repairs, the injured party may still be able to succeed with a claim, but they may have to accept contributory negligence as they knew of the problem and should have taken additional care. If a report of a hazard or maintenance issue is made and ignored or not acted upon and the person reporting the hazard (or someone else for that matter) is then injured as a result of that issue, the landlord will be liable for any injuries or losses sustained as a result of their negligence.

Have your Daughter’s Solicitors explained why the claim has failed and how the landlords have managed to successfully defend the claim?

Danielle

I am the daughter in question . I live in a council property and an a secure tenant . The repair was reported over the overflow leaking on to my back step immediately along with another issue with my drains and because of covid they said at the time only the drains could be looked at despite me having side access gate to my property not needing to enter my home and both repairs being outside . They then made a further appointment and on the day in question cancelled as they didn’t have enough staff . They left a voicemail stating this and that a further appointment will be arranged I then 2 weeks later broke my femur and hip on the step slipping and nearly hitting my head . I am a disabled resident as well which they are aware of and feel like I should of been given priority and they are trying to say they although they can cancelled two appointments I should of made the third so therefore it’s my fault. They ignored my solicitors for almost over 2 years and then last minute wrote this in their defence and my solicitors didn’t see my case through and just said I would probably not win in court in front of a judge. Limitation is 3 years and despite ky efforts most places say it’s too little time.

Ian Morris

Given your description of the hazard in question and the fact that you had reported the matter well before you were caused to sustain injury as a result of the issues NOT being repaired, it is hard to understand why or how your claim has failed.

In terms of the claim limitation period, you are right in that claimants have a period of 3 years to pursue a claim. However, for a Solicitor to be able to take the risks that come with offering to act on a No Win No Fee basis, they generally need a minimum of 3 months and more often at least 6 months of that period remaining open in order to be able to pursue a claim. This is because of the time needed to obtain relevant evidence, instruct experts and obtain their reports etc. Sadly it would seem that there is not sufficient time available for a Solicitor to now look further in to your case.

An additional problem for you is that you have had a previous Solicitor involved and this makes it less than straightforward for a new Solicitor to take on the claim. This is because of the stringent requirements placed on Solicitors and costs in personal injury matters. This would require a new Solicitor to agree to cover the costs your previous Solicitor have incurred for their work to date should they then go on to succeed with the claim. As such, the matter is financially unattractive and the risks become even greater given the limited reward for any work undertaken.

Reply

Rolled my ankle on a footpath which is tarmac and broken up in several places. I suffered tendon and ligament damage. Went hospital got it x rayed. I have photos available if needed. I am on crutches and unable to work. I Have hazard witnesses that know the crevice /cracking has been there for over 6 months. This was at night also where new downlighting gives minimum light.

Ian Morris

Please email the photographs you have taken of the disrepaired and hazardous footpath that caused your injury so that we can review this matter and assist further with a No Win No Fee claim for personal injury compensation. Your photographs can be sent to us at justice@direct2compensation.co.uk – please include your name and contact number in any correspondence so that we can then contact you to further discuss your potential claim for compensation.

The fact that you have a hazard witness willing to confirm that the area has been in disrepair for at least 6 months is certainly very helpful and such evidence could really help a Solicitor to succeed with your claim.

Reply

Slipped on long grass in a recreation area on way back to car and broke my ankle. The grass was on what appeared to be a pathway to the car park. They do have a very small sign saying that “users use the park at their own risk”. The park is maintained by the local parish council, do I have any grounds for a claim?

Ian Morris

Without having seen any photographs of the accident site, it is impossible to say whether or not it would be viable to pursue a claim in this case.

Clearly, your injuries are sufficiently serious to make consideration of a claim a sensible move, but we now need to consider whether negligence can be attributed in a way that would enable you to succeed with a claim. To this end, if you are able to obtain some photographs of the accident site – both some close up images and a few perhaps from each end of the path and forward them to us, we can then consider this matter for you and advise accordingly. Please forward any photographs to us at justice@direct2compensation.co.uk and include your name, contact number and a brief description of the incident in order that we can return to you with our thoughts.

Reply

I fell over a paving stone with no signs or paint on the floor. I hurt my arm, ankle and hand, my arm is the worse it’s got tissue damage, I went to hospital the same day I tripped. My daughter was with me at the time I fell and took me to hospital.
I’ve got pictures of the paving stones, can I claim compensation from Sunderland council?

Ian Morris

If you can establish that the cause of your tripping accident meets the required criteria – in that the tripping hazard is in excess of 25mm/1 inch in height or depth and that it has been in situ for a minimum of 6 months (ideally 12 or more), you can seek to make a claim against the landowner or local authority highways authority that manage the area.

You can either contact the local authority directly and request a claims form (in which case, you’ll be liaising directly with their legal provider) or you can make contact with a specialist personal injury company – such as Direct2Compensation and instruct an expert Solicitor like the ones who act for our clients, to represent you in your claim on a No Win No Fee basis.

Reply

This case is a fall into a sinkhole in the pavement which happened when stepped on it (a largish hole, of around 30cm wide, 20cm deep into pipework with voids. This has resulted in a number of consequent injuries (initial cuts and grazes, sore shoulder and hip joints still after 6 months). The area of pavement IS inspected on a 6 monthly basis, which has been carried out, and no potholes in the area have been reported, according to documents sent by the council’s solicitor.

Are there any grounds for a claim as in this case where a dangerous sinkhole/void appears suddenly between the 6 monthly inspections? The pavements in the area are all in a decaying state – in fact another collapsed section with sinkhole has recently appeared about 20 m away from the site of the accident, which suggests the infrastructure of the area is inadequate? Are there grounds under Section 41 for saying that the council’s inspection is inadequate either in extent or frequency? Are there any other grounds or precedent cases for compensation in this case?

Ian Morris

If the sink-hole has only appeared overnight or within a very recent period of time, the highways inspectors would not have been expected to simply discover it and they would rely on a report from the public regarding the issue.

The courts have essentially stated that the highways departments should inspect their pavements and highways bi-annually and action repairs on any notable tripping hazards or pavement disrepairs exceeding 25mm in depth/height. Should a defect arise between inspections, but no report from the public is made, the local authority will not be liable for any injuries sustained as a result – so long as they can demonstrate that they have conducted adequate inspections in the 6 months prior to the incident.

Reply

I fell flat on my face after tripping on a broken and uneven paving slab in my road. I sustained a broken nose, lacerations to my nose which split open at the tip and other facial abrasions., bruised knees and damaged my hands.
I was at the time recovering from hand surgery and am awaiting MRI results. I attended A&E for treatment. I have submitted a claim to the council, and I have received a response from their loss assessor’s stating that they do not accept my claim as they inspected the pavement some two weeks earlier, and no problem existed, which is untrue. They have now made the necessary repairs. I have a very noticeable scar on the tip of my nose, and an indent at the top of my nose close to my eye. I have photographs to support the above.

Ian Morris

Do you have any photographs of the accident site prior to the repair work undertaken by the local authority? If so, we can certainly review this for you. However, if the site has been repaired and you do not have any photographs showing the defect that caused you to fall, we are unfortunately unable to establish any negligence on the part of the local authority.

Lynne

Yes I do have photographs of the area where I fell, also blood stains on the pavement. The council state they inspected the road two weeks prior to my accident, and no repairs were required. They have now inspected the road yet again and have marked up several defects in the road, one of which is outside my own property and has been there since last summer. This indicates that they do not do their inspections thoroughly.

Ian Morris

We would be happy to look at your photographs and the correspondence that you have received from the local authority in order to ascertain whether or not there is a realistic prospect of proving that their inspections were inadequate. We can also review Google Streetview images of the accident site and see whether the hazard in question was visible in previous years.

Please email your photographs and correspondence to us at justice@direct2compensation.co.uk so that we can review this. It would be very helpful if you could include the accident location and your contact details.

Reply

I am wanting to enquire if I can start a no win no fee claim against an ankle injury I sustained on a council grass verge. I did write to the council but they have said they are not liable. I have looked at the information on council compensation claims on your website and still feel my claim is viable. It happened on the grass verge in between the roadside and the pavement. On most of the street the verge is sloping, not very safe but a gradual slope. The part where I fell was only sloped a little way and then a sheer drop (of at least a foot) which I was unable to see as it was very dark and the street lights did not show this up. Nobody would have known that this verge had a sheer drop.

Ian Morris

The local authority would not be liable in such circumstances as there is no requirement for them to remove or amend verges or provide any fencing or indication of slopes etc on the same. The local authority are responsible for maintaining the pavements, footpaths and highway surfaces for pedestrian and vehicle use, but have no liability for accidents that may happen if a pedestrian chooses to cross a grass verge or another area that is not a prescribed pedestrian access area.

Reply

Can I claim for breaking my finger from slipping on a public footpath that is flat and very slippery with slime from long term leaking water?

Ian Morris

There is certainly the potential to pursue a successful claim in this scenario. The claim will be strengthened if the leaking water & the slime that it is allowing to grow has been reported, but not acted upon by the local authority or landowner.

We would be happy to investigate this matter further for you. Please obtain some photographic evidence of the slime covered pathway (if you don’t already have some) and send them to us with your contact details and a brief description of the accident to: justice@direct2compensation.co.uk so that we can review this and contact you to further discuss a No Win No Fee claim for personal injury compensation.

If you are aware of previous reports of the issue to the local authority or know of anyone else who has reported the issue or even slipped on the slime, providing the details will give our Solicitors the best possible prospects of succeeding with your claim.

Reply

My dad stood on a council van to assist a lone council worker who had come to remove some rubbish. He was struggling so my dad helped him. He stepped on van then stepped back with a big piece of oak beam. The council worker had removed the lift at the back of the van without my dad realising. He fell back off the van onto the road and the oak beam fell onto my dad and broke his pelvis and snapped the ball socket on his hip. He had emergency hip replacement surgery and is still suffering with intense pain and loss of earnings.

Ian Morris

As you may imagine, making a claim in this scenario is far from straightforward. Your Father was doing a good deed and was not formally at work and it could be the case therefore that there is nothing on record with the local authority in question regarding the injuries or accident.

Do you know if there has been an accident report made to the local authority and whether any investigation was carried out by them?

Reply

Hi, my niece slipped on new paving laid by the council after it had got wet by the rain. She was only walking back to her car at the time. The new paving is very slippery when wet. She has broken her ankle in two places so was sent home from hospital in a cast as she awaits an op to insert a plate and screws. Is there anything she can do about this?

Ian Morris

Proving that the pavement surface is unduly dangerous or that the local authority were negligent in laying such a surface will be extremely difficult. It is likely that the pavement surface in question is one used regularly up and down the country and approved for pedestrian use.

The only way that there may be grounds to pursue a claim with any possible chances of success will be by establishing that it is unduly dangerous or faulty. With this in mind, there would likely need to be a number of people who have slipped on the pathway when it is wet and sustained injury, all of whom have complained and are willing to act as witnesses as to the dangers posed by this pavement surface for each other in a claim.

Reply

My companion (70yrs)male. tripped over an uneven paving flag opposite a childrens school. He fell and hit his head on the ground. he told me a lady helped him up. On arriving back at mine with my dog, he was bleeding profusely from his head and nose and had a large bump by his eye/bridge of nose. I phoned to get an appointment at the GP. (because he didnt want to go to the hospital and I don’t drive) They advised him to go to casualty. After resting (in bed) for an hour,. I insisted he go to A&E. I put him in a taxi. He sat and waited for four hours (after triage) to see the doctor. (i have photos of his face/injury). The doctor asked had he blacked out or had any dizziness or nausea. He said NO to all these questions. He was sent home with a list of what to do. I don’t think he is the same….he is doddery, more forgetful… and I believe at his age…should have been scanned or x-rayed. Today he went the same route walking the dog and was approached by a lady asking was he ok now after his fall. He didn’t remember her….or that she flagged a man in a van down to help her, a long with a young girl., to pick him up from the floor. The lady has given him her mob number. We are going to photograph the paving flag today. Any advise please.

Ian Morris

We can certainly look in to this matter as a potential claim for personal injury compensation. The first port of call is to look at the photographs you are going to obtain of the uneven/disrepaired pavement surface. Ideally, take a couple of close up images of the actual hazard that he tripped on and if possible, include a visible measurement (tape measure/ruler) against the edge of the tripping hazard so that we can see whether it meets the required height to enable a claim. You should also take a couple of images from further back showing the general area. Please send the images to us at justice@direct2compensation.co.uk along with a contact number and we can then review them and advise you further.

In terms of medical condition and your concerns, it is impossible to say whether the A&E treatment was correct, but as you are not happy with how he is post accident, it would be prudent to seek an appointment with the GP to further discuss this.

Reply

I was cycling home on my electric bike, I had a very bad fall after my bike slammed into an open drain cover which was vertical. My bike was damaged which is new and i crashed to the floor. I ended up with a massive bruise on my stomach area after jolting forward against the middle of my handle bars, i was in complete shock as i didn’t know what was happening. I have a picture of my bruise, my bike on the floor and scattered bag and the lid that was not shut down. Any advice. Thanks. Tracy.

Ian Morris

To have any prospect of succeeding with a claim in this scenario, photographs showing the cause of the accident (opened drain cover) will be vitally important. If you don’t already have such images, please seek to obtain some and forward them to us at justice@direct2compensation.co.uk along with your contact number. We’ll then contact you to advise further regarding a potential No Win No Fee claim for personal injury compensation.

You should also seek medical attention for the bruising and injuries sustained to ensure that appropriate medical evidence is available to support your claim. If successful, you would also be able to recover costs for the repair to or replacement of your e-bike.

Reply

I slipped on a plastic pedestrian hole cover which is covering holes in the pavement resulting in me breaking three bones in my ankle. These covers are supposed to be anti-slip but this one was like stepping onto a sheet of ice. Do I have grounds for a claim?

Ian Morris

Do you have photographs of the accident site showing both close up images of the cover you slipped on and the general area (to show any signage or works underway)?

Nigel

I have one picture of the area, but can get more. From memory, there are no signs indicating any work in progress. A resident told me that the plates have been there for some time.

Ian Morris

We can certainly look at this for you – please send any images to us at: justice@direct2compensation.co.uk It would be helpful if you could include a summary of the accident, the location and date of the incident (along with your contact number) so that we can consider the matter and advise further.

Reply

I fell flat on my face walking on the pavement last Wednesday night. I was left with a bloody nose and bruises on my face. I also have sore knees and ankles.
I didn’t see the Doctor yet because I have been resting for a few days since the fall.

When I looked where I fell, I saw that the pavement is all broken up. Do I have a claim?
Thank you

Ian Morris

To be able to advise as to whether you can pursue a claim, we need you to email some photographs of the broken/disrepaired payement surface to us. Ideally a couple of close up images with a clear visible measurement showing the depth or height of the tripping hazard along with a couple from further back showing the general area. If you could email such images to us at justice@direct2compensation.co.uk along with your phone number, we’ll gladly advise you about a possible personal injury claim as a result of your tripping accident.

It would be sensible to try and get a GP consultation (even a telephone appointment) to discuss your injuries and ensure that you have medical evidence available to support your claim should you go on to pursue the same.

Reply

I recently fell up my communal close stairs which had no lighting and was very dark ,I have very sore ribs and have been given strong painkillers from the doctor a week later still in serious pain,are the council to blame for this?

Ian Morris

Is the communal stairway internal or external? There is no duty of care to install lighting, particularly externally, so if there is no lighting fitted, there is unlikely to be a viable claim to pursue. However, if there is lighting installed, there is a duty of care to maintain the lighting and ensure that it is repaired and working.

Reply

I tripped over a long channel drain I think they’re called as it come out of drain hole leaving a huge hole in the footpath the accident happened in April since then council have denied liability but have still not repaired the drains even though they have said in June they repaired it I have injury and a chipped tooth the council have provided evidence that inspections get carried out every 4 months however I don’t think these inspections are done to a high standard and things get overlooked there is always rubbish building where the drains are located is there anyway I can still. Make a claim or change the council mind in accepting liability

Ian Morris

Please forward photographs of the accident site showing the hole where you tripped (a few close up images with visible measurement along with a few from further back would be most helpful) along with your name and contact details to us at justice@direct2compensation.co.uk We can then review this matter and have our specialist Solicitors advise you regarding the claim. If the specialist deems it viable to do so, you can then instruct them to pursue a claim against the local authority on a No Win No Fee basis.

Reply
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