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:
- Raised paving stones that stick up by more than 25mm (1 inch), often leading to trips or falls on the pavement.
- Potholes that are deeper than 1 inch, making cyclists and motorcyclists especially vulnerable to accidents.
Proving council liability
To prove council liability, claimants must show that the local authority responsible for the site of their accident:
- Had known that a hazard was present.
- Had reasonable time to inspect that area of road or pavement
- 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.
If you haven’t had medical treatment, it is likely that your injuries will not be seen as sufficiently serious to warrant a claim for compensation. This is because medical evidence is needed to support your claim. If you have been suffering in silence and haven’t seen the GP, you still can. If the GP is happy to note that your injuries are consistent with those suffered as a result of a slip or trip, for example, you can then prove your injuries and pursue a claim.
Even if your injuries are severe, the hazard must still have a vertical tripping edge in excess of 25mm for you to have a valid claim. That’s a fairly easy thing for a claimant to identify when they look at what’s caused their fall, and photographs of the hazard can be taken for proof.
The more complex issue is proving how long the raised flagstone, pothole or uneven pavement surface has been there. The claimant needs to demonstrate that the hazard that caused their accident has been in situ for a minimum of 6 months, and sometimes 12 months. So how do you do this?
One good way is to look at the accident site on Google Streetview and then backdate the view to a previous year. If the hazard is visible in an image dated BEFORE the council’s previous inspection, it proves they missed it and a claim can proceed.
To greatly increase the strength of your claim, you can obtain witness evidence from local shop keepers, residents or other regular users of a road or pavement regarding its condition. These people may not have witnessed the claimant’s accident, but instead can be a witness to a hazard being present. They can state where the hazard is, what it is, the rough dimensions of the hazard and how long it has been in situ. If an independent person can state that they have seen the hazard in situ for a minimum of 6 months and sign a statement to that effect, it helps to show that the local authority have either failed to inspect the area or carry out adequate repairs.
For example, if a pothole has been on a footpath by a row of houses, it is likely that the residents of those houses will know how long it has been there for. Furthermore, one of them may have reported it to the council already. As an injured claimant, you should approach these residents and ask if they know about the pothole and how long it has been there. If one of them does, you could ask them if they would be willing to act as a hazard witness.
Most people are more than willing to act as a witness to support a claimant, as this can help to make sure that the local authority speed up their inspection and repair regime.
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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