Proving council liability in tripping accident compensation claims

177 questions have been answered below, why not ask your own?

Succeeding with claims for personal injury compensation isn’t always easy and although we take as much hassle out of the claims process as possible, some types of personal injury claim prove much harder to succeed with than others.  One such type is public liability compensation claims, usually against the council after a fall or trip on a damaged section of pavement, curb or pothole. Although council liability can be a hard thing to prove, it can be done and below we’ll guide you through what to do after tripping and injuring yourself.

What the law says about proving liability

Clearly, if your fall was your own fault, you can’t claim personal injury compensation. Therefore, the first question to ask yourself is: Was someone else responsible for the accident? If you can answer that with a yes, then you may well have a claim for tripping accident compensation, but must be able to prove two things: Firstly, that the hazard which caused the trip sticks up or goes down from surface level by more than 25mm (1 inch).  Secondly, that the hazard has been in place for at least 6 months.

Claiming personal injury compensation after a tripping accident isn’t easy due to precedents set by the courts, which has made defending such claims fairly easy for local authorities.  This is because the courts have decided in previous judgements that the onus to succeed in such claims should rest on the claimant. The courts have found that to prove liability in tripping accident compensation claims, claimants must show that a local authority or landowner responsible for the site of their accident had known that a hazard was present before the client was injured. Furthermore, they must demonstrate that the local authority had reasonable time to inspect that area of pavement/highway and should have repaired the hazard and removed the risk of injury.

If the council has failed to uphold its statutory duties and left a pavement in a dangerous condition for too long, they can be held liable for your injuries.

Council maintenance requirements

Precedent states that any 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 the inspections that they have carried out.  If when defending a claim for slip and trip personal injury compensation, a highways department can provide a report that shows that they inspected the area where a claimant was injured within the last 6 months and no defect was found, it is most likely that the claimant will not succeed with their claim.  Whilst this will see a claimant not win any compensation, they will not face any costs.

However, just because a council provide an inspection report, it doesn’t mean that they won’t be held liable.  In some cases, courts have found that the inspection regime of a local authority was inadequate.  For example, in one instance a court Judge hearing a claim for compensation against a local authority was of the opinion that the inspection was inadequate and although they had checked the pavements, they hadn’t done so thoroughly and were therefore liable for the claim that they faced.  This was because the inspection was a simple drive by inspection of the streets and estates, rather than an on foot walk through.  On some streets, a drive by inspection may be adequate, but on others a hazardous section of footpath could be obstructed from view if it was not walked.  Of course, the local authority welcome reports of dangerous and broken footpaths and can act on such reports.  Although it has been reported that there is a backlog of pothole repairs, the onus to repair a defect quickly is still there.

Recording and gathering evidence

In order to win compensation, claimants must gather as much evidence as possible to help their solicitor force the defending insurers to admit liability. 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, 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 in situ.  The claimant needs to demonstrate that the hazard that caused their accident has been in situ for a minimum of 6 months, often 12 months. So how do you do this?

Local witnesses

To greatly increase the strength of  your tripping accident compensation claim, you can obtain witness evidence from local shop keepers, residents or other regular users of a footpath or pavement regarding the condition of the pavement.  These people will 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.  Also, 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 angry about broken pavements and are more than willing to act as a witness to support a claimant as they know that a successful claim will help to make sure that the local authority speed up their inspection and repair regime.

Reporting your accident to the council

If you’ve tripped 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 location, what the hazard is and what injuries you’ve had and what medical treatment you have received. If you have tripped on private land, such as in a car park of a shop, business premises or restaurant, you must make every effort to ensure that the party responsible for running the premises is informed.

As with all accidents, it is important to report and record your accident correctly.  Don’t worry if you don’t know how to do this as we can advise you how to make sure that you do report the details to the right people quickly.  When you report a tripping accident and injuries to a local authority, they should give you a report log number and may well send you an incident report form.  Before sending this in, we think the best advice is to advocate hiring a specialist personal injury solicitor to run your claim, as this will give you the best chance of succeeding with a claim for personal injury compensation.

Claiming for your injuries

If you can prove council liability and your injuries are severe enough, you will be eligible to claim compensation for them. Our solicitors claim for the following on your behalf:

  • The pain and distress caused to you by the injuries sustained (the value of the injury element of the claim will be determined by medical evidence and a review of your medical records)
  • Associated costs and losses (special damages) – such as lost income if you are unable to work as a result of the injury or damage to personal items – such as your spectacles or mobile phone and property
  • Restrictions on your ability to fulfil your usual activities and social life
  • Whether or not you have required any post accident care

We understand that it is hard to know if you whether you have a valid claim for tripping accident compensation and with this in mind, 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.

177 questions have been answered below, why not ask your own?

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Questions & Answers

  • Gayle Williams

    I have fallen down a pothole in my road, cut my knee, badly sprained my ankle (I heard it crack and and grazed my fingers when I fell into the pothole. The pothole is large and spreading across the road. I have complained about the number and depth of the potholes to the local Councillor and reported them to the Council via their website on several occasions (approximately 3 to 4 times) over the past 3 to 4 years. The road has not been repaired or even inspected in the past 4 years despite the road going past my road being repaired twice in the past two years. The matter has been highlighted at the local Council meeting in the last 12 months, but nothing has been done to repair the road.
    There are over 20 potholes in the road, the one I fell down was at least 6 to 10 inches deep. The potholes are so big and wide we have to drive our cars through them as it is impossible to avoid them.

    Reply
    • Ian Morris

      You appear to have a valid claim for tripping accident compensation. As you have reported the areas of disrepair over a period of 3 or 4 years, the local authority cannot claim that they had not received reports of issues from the public.

      We now need to see some photographs of the potholes, particularly the one that has caused you to suffer injury in order to confirm that they (as they appear to do) meet the required criteria needed to pursue a claim for tripping accident compensation. Please forward such images to us at justice@direct2compensation.co.uk along with your contact number and we’ll then be able to advise you further.

      Reply
  • Sian

    Hi I was wondering what do I do as where I live there are so many potholes and uneven paths I have gone over on my feet three times which made it hard for me to work as I went to the hospital and they told me I sprained it and I have just done it again today.

    Reply
    • Ian Morris

      The two most important things you should do after a tripping accident is:

      1, Take photographs of the accident site – close up images of the actual hazard that caused the injury with visible measurements (a ruler or tape measure) to show the depth or height, along with a few images from further back showing the general area to ensure that appropriate evidence is available to support your claim.
      2, Attend your GP or Hospital (that can be via a telephone appointment) to ensure that your injuries are recorded on your medical records as this will help during the claims process.

      Once you have photographs, please email them to us at justice@direct2compensation.co.uk (including your phone number) so that we can contact you to further advise you regarding your rights to claim compensation for your injuries or any incurred loss of income or cost.

      Reply
  • Amy coxhill

    There is a lump of concrete that is sticking up and I fell as my foot caught the sticking up concrete. I have pictures the council have declined the liability but also agrees that the pavement is not great. I work part time and I am a single mum.

    Reply
    • Ian Morris

      Did you have any specialist legal representation when you discussed your accident with the local authority? If not, contact us as having a specialist in place to ensure that your rights are upheld and that the local authority would have to provide evidence to support any denial of liability may see you succeed with a claim.

      The best course of action would be for you to send the photographs of the concrete lump to us along with a brief description of the accident and your contact number to: justice@direct2compensation.co.uk so that we can review this and advise you further.

      Reply
  • Lawrence Berg

    My wife tripped up over a very uneven flagstone in ( more than 25mm depth) she sustained a blooded and cut lip, bruising to her arms and hands and took herself off to the local A&E for treatment. I took up the claim with the council responsible( Barnet) and they consequently repaired the flagstone . Their insurers deny all responsibility as they state that the pavement was examined on 23rd March this year and no significant defect was found, they also sent me a copy of the report of that date, my wifes fall was on July 28th, from the photographs of the flagstone it is quiet plain to see that it had been uneven for some considerable time and that there engineers have missed this flagstone.. To be brief do you think I have any redress with the council for my wife’s injuries ? Thanks in anticipation of your kind assistance

    Reply
    • Ian Morris

      As the defendants are claiming that they inspected the site 4 months prior to the incident in which your wife was injured and found no defect, the courts would find in their favour – unless we can obtain evidence to demonstrate that the defect was in situ and their inspection was inadequate (or did not happen). There are ways of doing this and we may well be able to assist.

      Have you tried looking at the site on ‘streetview’ online? If you locate the area, you can often go back to an older page image and see if the defect was present in the year or years prior to the incident. Our Solicitors have successfully overturned denials using this method. You may also wish to speak to local residents or shop keepers in the area around the accident site. If any of those individuals are willing to state that they had been aware of the hazard in question (or ideally reported it) in the months before your wife’s accident, it may also help to overturn the defence raised.

      Reply
  • Pauline

    Hello, whilst out walking a local cycle route I tripped over a tree root that was pushing up the pavement by several inches. This was on 7th April. I sustained bruising to my face, I have photographs. Shortly after this I had problems with floaters in my eye. My doctor advised me to go to accident and emergency . They advised me that I have 2 problems one of which is a flayed retina. I had no eye problems before this so I believe this was due to the impact from the fall. Do I have a claim?

    Reply
    • Ian Morris

      The disrepaired and dangerous condition of the paving surface at the site of your fall would appear to indicate that you have valid grounds to pursue a claim against the local authority (or other defendant if the cycle route is not local authority property) on the grounds of negligence. We have specialist Solicitors with a proven track record in such claim types and we would like to help you in this matter.

      The first thing we need to do is review accident site photographs. If you have photographs of the area showing the tripping hazard caused by tree root growth, please forward to us at justice@direct2compensation.co.uk along with your contact number. Alternatively, please call us on 01225430285 to further discuss this matter.

      Reply
  • Geraldine

    Recently fell when foot landed in pothole on pavement, student area so don’t think anyone has lived here for more than 2 months ( I am a parent visiting son in Manchester.) Hole uneven but about 2 inches deep in places. Whole pavement needs attention. I have Fractured wrist in several places as well as elbow.
    Can I claim?

    Reply
    • Ian Morris

      We can help you to pursue a claim for compensation as a result of the injuries you sustained when tripping over. Our No Win No Fee service affords you the opportunity to make your claim without having to worry about the costs if you don’t succeed and given the apparent depth of the pothole in question, there is every chance you could succeed.

      To pursue such a claim, the first thing we need is some photographic evidence of the accident site – ideally some close up images of the pothole with a measurement of the depth visible along with a few from further back showing the area in general. Are you able to provide these? If so, please email them to us with your contact number and name to justice@direct2compensation.co.uk so that we can review this and contact you further. If you don’t feel able to get the images, please call us on 01225430285 and we’ll discuss how else we may be able to assist you.

      Reply
  • Jessica

    I was walking behind houses on my estate. I haven’t long lived here and got lost. I then ended up trying to find a main road which resulted in me ending up behind the houses on grassland which isn’t lit. There was a pavement so far along but I had to walk into the grass which wasn’t lit up at all and I slipped on wet grass due to not being able to see the grass verge dip. I have 3 broken ankle bones and a spiral fracture do I have a case?

    Reply
    • Ian Morris

      Notwithstanding the very serious injury that you have sustained, it does not seem likely that you would be able to pursue a claim in this case. Whilst there was a pathway someway along the route you walked, the fact that the area is not lit is not likely to be seen as negligence by the relevant land owner or local authority. However, if the area is usually lit but the lighting was broken, had been reported as not working but had not been repaired, you may have grounds to pursue action.

      Reply
      • Jessica

        No I don’t think it is normally lit it’s like grass bits behind houses , so it isn’t likely anyone is liable ?

        Reply
        • Ian Morris

          Sadly it would seem that there is no negligence at play, so no claim can proceed.

          Reply
  • Allison

    My mum tripped on the path which leads from her front door to public footpath, the council owns this part of the path and it has started to crumble.

    Reply
    • Ian Morris

      Please forward photographs of the disrepaired and hazardous path to us by email (justice@direct2compensation.co.uk) so that we can review this and advise further as to a potential No Win No Fee claim for compensation.

      Please include a contact number, your name and a description of the injuries sustained.

      Reply
  • Neil

    My claim for a trip causing a broken foot is currently with the council insurers and the council have now repaired the pavement that caused my injury. This pavement has been uneven for a considerable time. Can this repair be seen as an admission of liability by the council?

    Reply
    • Ian Morris

      A repair or remedial activity where a disrepaired pavement surface had been in situ will not be seen as an admission of liability, but it does indicate that the council have agreed that the area needed attention.

      If you have not already got representation by a specialist personal injury Solicitor, please contact us for further help as it is unlikely that the local authority will admit to liability without considerable pressure.

      Reply
  • Rebecca

    My grandfather has fallen on an alleyway. The council are saying it does not belong to them. The iron grate he tripped over is owned by a water company who also say they cannot accept liability as this is the first they are hearing about the hazard. Who’s fault is it?

    Reply
    • Ian Morris

      Do you have a Solicitor acting in this matter? If so, they should be able to establish the landowner and therefore the responsible party. The water company will not be expected to inspect and check their access covers or grates and will instead rely on reports from local authority highways inspectors or members of the public. Therefore, if the local authority have not reported any repair need and the public haven’t either, the water board will argue that they are not liable.

      Reply
  • Derek

    Slipped and fell on an un-swept pavement with loose debris and gravel. Received First Aid at the local NHS surgery for lacerations to my forearm, and minor other cuts and bruises. My two upper front teeth are very painful and eating is very difficult. I saw my dentist, who said both the teeth are damaged and I might lose both.

    There were several people in the area. I’m confident I could contact one or two of these people as I see them in the area quite frequently.

    Might I have a case for a claim?

    Reply
    • Ian Morris

      You say that the pavement was unswept and littered with debris and gravel. Do you know where the debris and gravel came from? The local authority will not be liable for having not swept the pavement, but if we can establish that someone or an organisation had allowed the footpath to become dangerous as a result of their debris or rubbish, we may be able to pursue a claim.

      Reply
  • Gail

    My mum slipped on water and ended up in a lot of pain . Hospital gave her tablets to help . The water was in a council building . The water had come from a leak in roof that the council knew about . According to some stall holders . They had complained to council but nothing had been done . My mum asked the stall holders if they would give a statement saying it had been reported many times, but they wouldnt for fear of losing there business. Council have said they didnt know but stall hders said they knew months ago and had been reported many times . Is there anything she can do

    Reply
    • Ian Morris

      Were there any hazard warning signs on display? It would certainly seem reasonable to pursue a claim given the anecdotal information your Mother has obtained about the leak being known of and previously reported.

      If no previous Solicitor has been involved, please head to the start your claim page of our website to make a formal enquiry and we’ll gladly investigate this for your Mother.

      Reply
  • James

    I was “jogging” in a local community wooded area, the local authorities installed a number of raised decks to provide a more scenic route including a pond that the local schools used to visit. It has reached a very poor state and I put my foot through the wooden deck, I felt a strong burning in my left leg and threw my head back as it brought me to my knees. The pain was significant but after a little walking I thought little of it, now after weeks of strange tingling is and ultimately being near incapacitated by nerve pain I have visited the local emergency room and have been told it’s “Piriformis syndrome” as result of injury. This may be resolved with expensive physiotherapy but based on the severity of symptoms may require surgery (or live with it) as a 25-year-old man I can’t bare to Think that I can never run or so much as ride a bicycle again.

    Reply
    • Ian Morris

      You may well have a valid claim for the injury you have sustained – which if successful would enable you to recover compensation for the injury and potentially also for rehabilitation therapy to ensure that you recovered to your pre-accident health level. In order for us to be able to advise as to whether or not you have a valid claim, please send photographs of the accident site showing the broken decking where your foot went through the board along with your name and contact number to: justice@direct2compensation.co.uk We will then be in touch to discuss this matter and advise you further.

      Reply
  • Victoria

    Hi, I tripped on a hole of over 6cm in depth and approximately 20cm wide on a tarmac covered pavement in April 2021. I suffered a fractured toe and badly sprained ankle. I submitted a claim to the council along with the required photos. I knew of the defect in the pavement from at least March 2020, although it was not repaired. There was ongoing building work by the home owner directly adjacent to the pavement defect. I also don’t usually walk down the road. I have just received an email from the council saying they deny liability under Section 58 of the Highways Act 1980. Saying that they had inspected the area in September 2020 and it was ok. I know this is not the case as the defect has been there since at least March 2020. Can you please advise if I can pursue this matter? I will be able to get a neighbour as an independent witness. Many thanks.

    Reply
    • Ian Morris

      We can certainly look in to demonstrating that the council have either been dishonest in claiming to have inspected the area in the September prior to your accident or that their inspection was inadequate. One of the ways that we have demonstrated this in the past is by having an independent local person willing to confirm that they had previously reported the defect or hazard prior to the inspection date or even by using online street view images and backdating them to see if a defect or hazard is visible in the period before a local authority claim to have inspected the site.

      If you would like further help from us with this, please email us at justice@direct2compensation.co.uk to provide some accident site photographs, the location of the accident site, your contact details and a description of the accident.

      Reply
  • Karl Fargin

    I fell down because of a pothole and had to have plastic surgery on my finger because of the fall. Am I able to make a claim?

    Reply
    • Ian Morris

      Do you have photographs of the pothole that caused you to fall? To be able to advise you as to whether or not you can pursue a claim, please email photographs of the accident site to us at justice@direct2compensation.co.uk and include your contact details. We’ll then review the accident site and contact you to further discuss this matter with you.

      Reply
  • Xenia

    Tripped on a public broken pavement in the park dislocated my Thumb . And big toes and my knee damage. I did report to council. They broken pavement.

    Reply
    • Ian Morris

      Please send photographs of the pavement surface where you fell to us at justice@direct2compensation.co.uk along with your contact number. We can then further advise you as to any potential No Win No Fee claim for personal injury compensation.

      Reply
  • Lucy

    Fell down a hole outside my child’s school on a grass verge and twisted my ankle and fell onto knee. 37 weeks pregnant so wasn’t good! Very swollen and bruised ankle – I went to hospital for X-ray and it’s soft tissue damage. I’m now struggling with pain and walking. Surrey county council mow this verge. Any claim?

    Reply
    • Ian Morris

      It is unlikely that you would be able to establish that the local authority had been negligent in this matter. Grass verges are natural areas and would not be subjected to the same requirement for inspection and maintenance as man-made footpaths and hard standings.

      Reply
  • Jordan

    Hi, I slipped walking my dog down a huge grate. I fractured my wrist and had to wear a cast for 5 month. I grazed my knee and leg when I went over and twisted my ankle.

    I put in a claim with YOURLAW solicitors who knocked it back because the council said they had inspected the road in a timely manner. I don’t know what to do or where to go from here. Please get back to me . I just need someone willing to actually fight my case and not just say yes to the council. If it was inspected then this wouldn’t of happened. I wouldn’t jump down the hole it’s clearly and accident they are liable for 🙁

    Reply
    • Ian Morris

      If you have photographs of the accident site, we would be happy to view them to consider whether there is any realistic prospect of overturning the council’s denial of liability.

      If you have such photographs, please email them to us at justice@direct2compensation.co.uk along with your contact details and ideally, the most recent correspondence from your Solicitor closing the case so that we can review this and advise you further.

      Reply
  • Kimberly Ruffin

    My and some friends was driving down the highway and we pulled over to switch drivers and I fell in a hole in the grass on the side of the road and broke my ankle and had to have surgery, do I have a claim?

    Reply
    • Ian Morris

      If the fall was in a hole in a grassed verge, there would be no claim as there would be no duty of care on the highways authority to have checked grass areas for tripping hazards.

      Reply
  • WILIAM

    Hi my partner fell a few days ago broke her wrist and cut her legs and had to go to hospital, but when she returned to take photo the pothole had been filled. I believe the cctv may have caught it and also informed the council who then rushed to repair it. She has injured herself and broken her phone camera, please help.

    Reply
    • Ian Morris

      Do you have any photographic evidence of the pothole before it was repaired?

      Reply
  • Joanne

    Hello Ian,
    I had a trip on the pavement outside my home address I was working at the time as a child minder. I tripped on a uneven paving slab which resulted in my right elbow impacting on the edge of a metal manhole cover, which lead to surgery to rebuild my elbow. I have been unable to work for the last eight weeks and I am looking at another four at least and have been advised that it could take up to a year to get near to normal, can you please advise me on the best course of action in my case?

    Reply
    • Ian Morris

      As you have been caused injury as a result of tripping on a disrepaired area of pavement, there is a potential to pursue a claim against the local authority responsible for the maintenance of the area in question.

      In order for us to be able to advise whether the actual site of your fall is something that you would be able to establish negligence against the local authority, we need to see some photographs of the accident site – both close up images of the raised slab (showing a measurement of the height) and some images from slightly further back showing the site in general. If you can obtain such images and send them to us at justice@direct2compensation.co.uk we can then advise you about a possible No Win No Fee claim for compensation. For examples of the kind of images that would be really helpful, please see our article about tripping accident compensation, but don’t worry if you can’t obtain images like this – just send us whatever images you can and we’ll go from there.

      Reply
  • Kelly short

    Hi, i need some advice please as to whether I take matters further. I had a fall down a pothole along the pathway on 31/3/2021. I ended up at the hospital a couple of days later to find out I had actually fractured my ankle and had to be put in a boot and take three weeks off work. I reported the incident and claimed for compensation. I provided pictures and medical documents however I have today had a response from the council’s insurers stating they deny liability due to them having completed investigations down the road where I had fallen on 05/11/2020, and no defects were reported. Is this the end of the matter or should I pursue the claim further?

    Reply
    • Ian Morris

      Whilst it would appear that the defendants have raised a robust defence, that is not necessarily the end of it. We can certainly review the matter for you and give you our point of view without it costing you anything and if we were able to take it further, we would do so on a No Win No Fee basis.

      Please email the photographs of the accident site to us along with some basic info (where it happened, how it happened, time of day etc) and your contact details and we’ll review this and let you know our thoughts. You can reach us by email at justice@direct2compensation.co.uk

      Reply
  • Chris

    I was crossing the road to avoid a patch of moss on the pavement when I slipped (the road must have had some moss on it too) and broke my ankle in 3 places. I had surgery for insertion of plate and screws and spent 6 weeks with cast/crutches. Reported to local council who say issue is a low priority for them. I have no witnesses (was in shock and didn’t think to ask for details of the people who found me injured). Can I claim?

    Reply
    • Ian Morris

      Whilst it is not straightforward, there is the potential to pursue (& succeed with) a claim against the local authority if you slip on algae/moss on a public footpath. However to have any chance of succeeding, it would need to be shown that the algae/moss was excessive and had been in situ for a considerable time.

      Without having seen photographs of the accident site in your case, it is impossible to know whether there is any realistic prospect of pursuing a claim for you. If you have such photographs, please forward them to us at justice@direct2compensation.co.uk and we’ll gladly give you our opinion.

      Reply
  • Robert

    I fell and broke a pair of spectacles because of a protruding (about 4″X4″ and 1″ high) cover. I was not unconscious but was stunned. No medical attention was needed, and there were no witnesses.
    At the time of the fall I did not realize that one lens had fallen out. A day later I tried to find the missing item, but without success. The glasses were in perfect condition and although not new, were well within the requirements for driving.

    Reply
    • Ian Morris

      Before we can advise on the potential pursuit of compensation for your injuries and damaged property, we first need to view images of the cause of your fall. Please obtain such images and send them to us at justice@direct2compensation.co.uk so that we can advise you further.

      Reply
  • Geraldine

    I had a fall on Saturday the 10th of April. I am a walking stick user the tarmac is quite uneven. I have fractured my right shoulder and hurt both knees lots of bruising and very painful. I had to have a blood test on Saturday the 17th which showed up a blood clot. I would like to know whether you do a no win no fee claims service please?

    Reply
    • Ian Morris

      We would be more than happy to help you and yes, we do work on a No Win No Fee basis. With our service, you will never be liable for the costs of your claim (or those of a defendant) should you not succeed with your claim, so you can pursue your right to make a claim for compensation without worrying about the potential legal costs of the process.

      Given that your injuries were caused by an allegedly uneven and disrepaired area of pavement, the first thing we need to do is review photographs of the accident site. If you – or a family member/friend could return to the accident site and obtain some images – both close ups of where you fell and also a few from further back and then email them to us at justice@direct2compensation.co.uk along with a contact name and number, we’ll be able to advise you further as to your claim. Then, if viable to do so, we can have our specialist Solicitors act for you in a claim for compensation.

      Reply
  • Leda

    The local council started to resurface the pavement outside our hone in December and had to stop work as they were unable to get the materials needed. As a result, the worked ceased on Dec 21st 2020.

    I called the council to complain that they had left a very dangerous pathway and they explained the above and said that work would commence in January. January came and we went into another lockdown and the council said they could not continue the work. I stressed again my concern about the uneven footpath and the raised curbs, again they said nothing they could do nothing at the moment.

    In February my Daughter arrived home from work and tripped on the raised curb and needed hospital attention. She was diagnosed with a suspected fractured wrist and put into a brace for 6 weeks.

    Can we make a claim?

    Reply
    • Ian Morris

      Although the council may have been unable to complete the works due to legitimate reasons and the specific implications of a further Coronavirus lockdown, they would still have a duty of care to ensure that any hazards reported to them were appropriately dealt with – whether that be by making repairs, completing works or cordoning off an area.

      In this case, it would appear that there may be valid grounds to pursue a claim for tripping accident compensation and we would be happy to further investigate this for you.

      Given the nature of the situation, it would be helpful if you could email us directly at justice@direct2compensation.co.uk to provide further information to enable us to look in to this for you. Please provide your contact details, the location of the accident and copies of any correspondence that you have sent to or received from the local authority. Ideally, if you have photographs of the area and images of the accident site, please attach them to your email and we’ll gladly look in to this for you.

      Reply
  • Sarah

    Hello i had a bad fall when i was parked in a disabled bay. The wall has approx 4 +foot drop. First i fell towards the hedge and having no feeling properly in my right had thought i had held of this low bush. Then i fell backwards down a 4 ft drop onto my back. Could you help please?

    Reply
    • Ian Morris

      Before we can say whether or not you have a valid claim, we need to know what caused you to fall? To be able to make a claim, we’ll need to be able to establish that the cause of your fall can be attributed to negligence on the part of the landowner or car park management company. Negligence is likely to be some sort of disrepair, a tripping hazard or some uneven and damaged surface. As the accident site is a disability parking bay, one would expect the area to be in good repair with level surfaces and no obvious tripping hazards.

      Do you have photographs of the cause of your fall? If so, please send some to us at justice@direct2compensation.co.uk so that we can view them and advise you further.

      Reply
  • juliet

    I was walking down a pavement late in the evening, as I put my foot down I saw a hole I fell through the hole right up to the top of my left leg, apparently it was a sinkhole and it was five foot deep and about that wide, with just the tarmac covering it. I reported it to the police and I needed hospital treatment, it has scared and disfigured my leg. Do I have a claim?

    Reply
    • Ian Morris

      If you have photographs of the hole in question, please email them to us at justice@direct2compensation.co.uk so that we can review this matter and advise you as to whether or not you can pursue a claim for compensation.

      Reply
  • Michelle

    Hi in September by foot got caught in a broken curb, causing me to get a fractured ankle and torn ligaments. I also also hurt my knee and damaged my coccyx. With the pain ongoing I had hospital appointments.

    I’d taken photos of the curb and of my injuries, but I have now been told that its not worth claiming as I won’t win. The council have rejected my claim. What do I do?

    Reply
    • Ian Morris

      Have you formally made a claim? If so, was that through a specialist Solicitor or did you deal with the local authority directly? If you haven’t formally claimed, please send the photographs of the accident site to us by email to: justice@direct2compensation.co.uk along with your contact number and we’ll gladly review this and advise you as to a potential claim for compensation. If you have had a claim rejected, please send a copy of any correspondence regarding the reasons for the rejection to us and we’ll advise you on that.

      Reply
  • Neil

    My springer spaniel was injured by a pothole outside my back garden, do I have any rights to claim my vets fees against the council?

    Reply
    • Ian Morris

      You could certainly contact the council to pursue a claim against them directly. If you can establish that the pothole exceeds 25mm in depth and has been in situ for more than 1 year, you could be able to obtain damages from them.

      Reply
  • marcus

    I’ve been denied any compensation for my ankle injury witch I’m still suffering 6months on, I was walking my dog and my foot went down some missing block pavements near my local shops, the solicitors that was dealing with the case basically said I had no chance of winning due to it being split between the council and highways. Is there anything I can do as think this is really unjust?

    Reply
    • Ian Morris

      Do you have photographs of the accident site? If so, please email them to justice@direct2compensation.co.uk so that we can review this matter and offer you some advice. Please include your contact details and the details of the Solicitors who have rejected the claim. We can then contact you to discuss whether or not we can take this any further for you.

      Reply
  • Kelly

    Hi, My friend went to the local shop and as he’s come out he’s stepped off the curb and his foot has gone into a big pothole. He tripped and has now got a bad knee and foot. The council clearly know about it as there’s yellow lines painted over it. His foot has been in a state for over a week now, still swollen and bruised. We have photos of his foot and can take photos of said pothole and possibly get hold of CCTV from the shop too. Is this a public liability claim? Thanks

    Reply
    • Ian Morris

      This would be a public liability claim, but the CCTV from the shop could be helpful. Further, if anyone working in the shop knows how long the pothole has been there and was willing to provide a statement regarding this, it would be very helpful.

      Please email the photographs of the pothole to us, along with contact details to: justice@direct2compensation.co.uk so that we can review this and advise further.

      Reply
  • Spike

    My car hit a patch of bad road (potholes) causing whiplash injuries. The council concerned took our report of the incident and held onto this for several months, carrying out repairs, before forwarding this to their insurance company. Though the insurance company have a report, photos and a location map they now want an X marks the spot and are refusing to release inspection records until they have this. I have argued that the report, etc was good enough for the council to repair the bad road but they won’t budge. This incident was May 2020. The insurers letter is dated 5th September 2020. It’s now mid January 2021.

    Reply
    • Ian Morris

      In your case, the council will not admit liability if they can demonstrate that they had carried out the mandated inspections that they are tasked with and if they had not received any reports from members of the public regarding the hazards. Having a specialist Solicitor on board will ensure that the local authority are held to account properly.

      Reply
      • Spike

        I’ve had some legal advice. Currently dealing with the issue myself as the solicitor I approached wasn’t interested unless there was proof of liability. I’ve requested various records for the area in question but so far there’s been nothing from the council. If they continue to withhold I’ll have no option other than to apply to the courts for an Application for Pre-Action Disclosure.

        Reply
        • Ian Morris

          Why wasn’t the Solicitor you spoke with interested in your claim? Did they view photographs of the accident site? We would be more than happy to view your photographs of the tripping hazard that caused you to suffer injury in order that we can advise you as to the potential prospects of success with any potential claim.

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

          Reply
  • Lynsey

    I am a district nurse and following the recent bad weather the roads to where my patients live were iced over, rain fell then more ice appeared, the patient I was attending to needed my visit so it was essential I attended. I tried to walk on the pavement but hit the ice and fell over, breaking my wrist.
    Who would be responsible for the pavement safety? As this was a necessary visit would the council be responsible to make sure the public path was safe or would it be me that should have assessed the situation differently?

    Reply
    • Ian Morris

      If the local authority had been made aware of the essential need to visit this address, they may have been able to treat the surface. However, local authority highways departments are not obliged to treat pavements or minor roads/residential areas and must instead concentrate on the major routes, bus routes and city centre areas.

      Unfortunately, as things stand I don’t foresee that you can pursue a claim for compensation unless any colleagues had provided a warning to your employer of the risks and they had failed to pass on any such warning to you.

      Reply
  • Jacqui

    Hello I tripped over a Bolt that has been left in the ground from a Bin outside a shop I’ve hurt my toe Ankle and today my back is hurting i did report to highways and they messaged me today saying they couldn’t find the fault.

    Reply
    • Ian Morris

      If you haven’t already done so, please take some photographs of the bolt – both close up images with a visible measurement of the height of the bolt and also some images from a distance to show the hazard in context with the general area.

      Essentially, you have a valid claim for tripping accident compensation as the bolt that has been left on the ground is dangerous and should have been removed as and when the bin was removed. Our Solicitors can pursue a claim for you on a No Win No Fee basis and look to recover compensation for the injury to your foot, ankle and back as well as recovering any loss of income or other incurred costs.

      Reply
  • Julie

    How long is the timescale to be able to claim from a hospital GP pharmacy as I lost my son’s dad in 2013 due to neglect? I did get a solicitor but because of the shock and us both grieving I did not take it up, also I had a bad fall in my street on wet leaves on the pavement last October time and damaged my knee. I have drs evidence and had to go to hospital, have I a claim against the council for not getting up the leaves which I slipped on and did my CARTLIDGE tissue damage? I am still in ALOT of pain.

    Reply
    • Ian Morris

      The claim limitation period for clinical negligence and personal injury compensation for an adult (person over the age of 18 years) is 3 years from the date of the alleged negligence or date of accident. Sadly, with regards to the clinical negligence issue, you are now out of limitation and can’t do anything about that.

      In terms of your accident last October, you have a further 2 years in which you can make a claim. However, it is unlikely that you could succeed with a claim for slipping on wet leaves as the courts would not expect a local authority to remove such natural waste from the footpaths and given the fact that leaves are continuously blown around by the wind etc, it is impractical to expect them to be removed.

      Reply
  • Paul

    I was with my Mother, Sister and partner to scatter my Dads ashes. Unfortunately a stretch of road we had to walk had no footpaths either side & no warning signs. Whilst walking along this stretch (in single file – I was carrying Dads ashes), I went down an open grid drain cover and was injured.

    The local council has ignored the letters from my solicitor and now my solicitors have said they don’t think they can prove liability. This has been going on for nearly 20 months. What can I do?

    Reply
    • Ian Morris

      Have you looked at street view on Google and checked the area over time? If you can change the date of the view of the area to 6 months before your accident and you can see that the drain cover is missing, you may well be able to prove that the local authority failed adequately inspect the area and therefore establish liability in this matter.

      Alternatively, if there are any local properties near to the accident site, you could speak to the residents to see if anyone had previously reported the missing cover or noticed how long it was missing for.

      Reply
  • Ann Hallam

    Can I claim for tripping over a speed bump in the road? I walked in the road as there was no path on that side and tripped and fractured my ankle. Have I got a claim?

    Reply
    • Ian Morris

      Where there is no footpath, there may not be be a requirement for one to be present. In this case, if you can identify any sort of disrepair or defect with the speed bump, you could pursue a claim against the local authority. If however, you simply didn’t notice the speed bump and sustained injury as a result, you have no claim.

      Reply
  • naomi

    Hello is this a no win no fee claim arrangement?

    Reply
    • Ian Morris

      Any claim managed by our specialist Solicitors will be by way of a No Win No Fee (Conditional Fee Agreement) service.

      Our No Win No Fee service means that any claimant can be certain that they will face no liability for any costs whatsoever should their claim fail. Should their claim succeed, they will contribute towards their legal costs as per the legal framework. The contribution is capped at a maximum of 25% of any awarded total settlement, with the remaining costs payable by the defendants. The only other potential cost a claimant may face is the After the Event insurance premium. Should a Solicitor feel that a claim should be covered by an ATE policy, the claimant will pay no up front cost for the policy and no fee at all should the claim fail. However, if the claim succeeds, the claimant cannot recover the ATE premium from the defendant, so must pay for that from their settlement. In the majority of cases, ATE cover will NOT be required. However, where it is the average cost of such cover is £150-£300.

      If you would like our help in making your claim for personal injury compensation, please call us on 01225430285 or if you prefer, you can ask us to call you.

      Reply
  • S

    As I left a public council owned building I lost my footing as I came out onto a pathway, there were shallow steps but no warning signs of them, although the council tells me they are highlighted yellow to warn they are there. (I didn’t notice) I tripped off the step and twisted my ankle. I have badly sprained my ankle and torn ligaments, possibly broken my foot too.

    Should there have been signs up?

    Reply
    • Ian Morris

      If you can provide us with photographs, or a short video showing the approach to the steps in question and then the view as you walk out where you fell, we could advise whether the steps should have been indicated by signage.

      Any such footage should be emailed to us at justice@direct2compensation.co.uk along with a short explanation of the incident and your contact details.

      Reply
  • John

    I had a injury on council property while at work but my employer isn’t to blame. Can I still claim against the council?

    Reply
    • Ian Morris

      You can make a claim against whoever was responsible for your accident. What was the cause of your injury? If you believe that the landowner has been at fault and is liable for your injuries we’ll discuss the accident details with you and help you start your claim for compensation.

      Reply
  • Gemma

    Can the County Council withdraw admitting liability after medical report says I had slipped and not tripped?

    Reply
    • Ian Morris

      If a Doctor has recorded that you slipped when you had informed them that you had tripped, that should not see your claim fail. Of course, a defendant is likely to attempt to use that discrepancy in ‘version of event’ description against you and attempt to say your claim cannot be proven. However, if you have a good specialist personal injury Solicitor acting for you, they should be able to deal with such an issue.

      Reply
  • Rosie

    I slipped off the edge of a public footpath. I did try to catch my balance, but twisted my foot on the uneven grass, came off the curb and fell on a pothole in the road. I end up going to A&E and found out that I had suffered damage to the soft tissue & muscles around my knee cap. Should I make a claim?

    Reply
    • Ian Morris

      For us to be able to advise as to whether or not you can pursue a claim, we need to gain a better understanding of your fall and see photographs of the accident site.

      Please forward photographs of the accident site and the pothole where you fell (ideally including images with a measurement showing the depth of the pothole) to us at justice@direct2compensation.co.uk along with your contact number so that we can review the matter for you and offer you some guidance regarding a potential claim.

      Reply
  • janet

    I slipped off the pavement due to oil on the pavement and large amount in the road 3′ x 3′ and broke my hip. The road is a public road due to be cleaned by the council I have since reported this and received no reply nor is it cleaned up. Do I have a case?

    Reply
    • Ian Morris

      Whether or not you have a valid claim will depend on how long the oil had been in situ and who put it there. If the oil had been a long standing issue that had previously been reported to the council or been there long enough that they should have noticed it on their usual inspections, you would have a valid claim. If the oil had been spilled within the previous few days or weeks and not been reported, the council would not be liable. However, the person who spilled it could be.

      We would be happy to look in to this to see if there is anything that can be done. If you have photos, please email them to us at justice@direct2compensation.co.uk along with some further information about the spillage, where it is (i.e is it outside a garage etc) and your contact details and we’ll look in to this for you.

      Reply
  • Lucy

    Hi there,

    I’ve just fallen in a deep hole in the foothpath round the corner from my house, it was dark I couldn’t see it, there were no signs! I’ve twisted my ankle and smashed my knee in the ground, my back is also aching. I was carrying my child and luckily saved him from hitting the ground too. Little bit shaken up. Not impressed at the state of the path and the fact the council have just left it.
    I don’t have any phone credit until Friday and I was wondering if you could contact me via email or call me if I email you, if you think I have a claim for compensation? Thanks so much.

    Reply
    • Ian Morris

      Our initial view is that the cause of your injuries could well enable you to pursue a claim against the local authority or landowner, for the injuries you have sustained.

      In order for us to be able to evaluate whether or not you can pursue a claim for compensation, we’ll need to see some photographs of the hole in the path where you fell. If you, or a family member/friend could visit the accident site and take some photographs – a few close up images of the hole (ideally with a measurement visible showing the depth) and a couple from further back showing the hole with the street visible (to prove location) and email them to us, we can then confirm whether or not the hole is sufficient to enable a claim.

      Please email your photographs and contact number to us at justice@direct2compensation.co.uk and we’ll call you when we have received the photographs to discuss helping you make your claim for tripping accident compensation.

      Reply
  • Rebecca

    Our 7 year old daughter has fallen over something sticking up from pavement on way to school looks like a rusty steel post which maybe the site of an old bus shelter . There are around 4 of them in the same area. As a result she has sustained a lump and bruise on her forehead and excessive bruising and swelling to her eye as her face took the brunt of the fall

    We attended a&e after the swelling got worse throughout her day at school they advised to just keep check and was no serious head injury. Would we have a claim? We have made a report to the council and also have photo evidence however I’m unsure if it’s over 25mm? It’s still a very uneven footpath and very gravelly where it’s been filled in. Thank you

    Reply
    • Ian Morris

      There are grounds to investigate this matter further with a view to seeing whether or not it is viable to pursue a claim against the local authority for the hazardous nature of the pathway in question.

      Before the area is repaired, it would be sensible to take some photographs showing a measure (ruler or tape measure) up against the rusty metal item that tripped her over.

      Please forward an image showing the measurement and your other photographs to us at justice@direct2compensation.co.uk so that we can evaluate further as to whether or not a claim can proceed. Please accompany the photographs with a brief description of the incident and your contact details so that we can get back to you.

      Reply
  • Jennifer

    My neighbour blocks the public footpath Completely by parking across it daily .
    My disabled mother uses a wheelchair and struggles to access my driveway safely .
    If she fell or was hit by a vehicle as a result of having to go onto the road would she be able to make a claim against my neighbour or would it be the local authority she would claim against ?

    Reply
    • Ian Morris

      The negligent party at this stage would be the neighbour. It is vital that the neighbour is made aware in writing of the problem they are causing and the risk it presents to your disabled Mother and we would strongly recommend reporting the situation to the local authority and taking photographs of the vehicle blocking the pathway.

      Once the neighbour is ‘on notice’ of the issue, if they were to continue to cause this problem and an accident were to then happen, they would face the prospect of being liable for any injuries or losses.

      Reply
      • Jennifer

        Thank you for your reply Ian
        The local authority are already involved and the neighbour has been advised by the local authority and the police on numerous occasions of their obstruction but still refuse to keep the path clear .
        The local authority are to issue a community protection notice to try and resolve this issue . I just wondered if any claim due to an accident would be directed towards the neighbour themselves or the local authority for failing to ensure the path is clear ?

        Reply
        • Ian Morris

          In this case, it would seem that the neighbour is the negligent party as the local authority have been attempting to resolve the situation and are taking further action – therefore it is likely that they would be seen to have fulfilled their obligations.

          Reply
  • Jill

    I was walking on a small public thoroughfare that used to have vehicular access but is now just for pedestrians, there was a lot a wet leaves covering the ground, I slipped on them and have damaged my arm in breaking my fall. I will be seeking medical advice ASAP but this happened at a weekend. Is my local council liable?

    Reply
    • Ian Morris

      It is unlikely that liability would attach to the local authority for the cause of your fall. Leaves are a naturally occurring ‘hazard’ and are not something the courts would likely find the council liable for being in situ.

      Reply
  • Philip

    Hi, the street where we live has recently had the street lights changed to the LED type from the older orange ones, and to be honest they are no where near bright enough. Last Sunday night; 24/11/2019 at just before 8:30 pm my wife went out to take our dogs for a walk. The light from the street lights have until recently lit up our front steps. However; since the installation of the new bulbs the steps are in darkness and unfortunately my wife fell and has broken 3 bones in her ankle which has required an operation to pin and plate the bones. I was wondering if the council could be held responsible for removing the level of light which there has been onto our steps for years Without taking into consideration the safety of the residents. A lot of the residents have spoken recently about how poor the lights are. Many thanks, Philip Griffiths.

    Reply
    • Ian Morris

      Sadly, it is unlikely that it would be possible to establish liability against the local authority for the alteration made to the street lighting. It is almost certain to be the case that the council are using lighting that has been approved for such use and enables the council to meet energy saving targets and meet environmental targets.

      Reply
  • Sharon

    After a fall at Chorley Council tip caused by an icy surface not treated or signposted I suffered multiple fractures of my right leg and ankle. I had to have open reduction surgery in Hospital immediately after, including pins and plates and suffered painful trauma at the time and for the last 12 months unable to work drive or be mobile. Further to this I’ve had further surgery to relieve some of the pain by removing some of the internal pins. During my recovery I’ve also suffered severe pain, wound infections and stress. It has compromised my life and work and family. I have still not returned to work after 12 months, have I a claim?

    Reply
    • Ian Morris

      There are certainly grounds to make a claim for compensation as one could argue that the staff at the recycling centre ought to have identified that the ground surface was slippery and they should have gritted the surface and erected warning signs.

      The issue you may face is that you did not report the accident at the time and this could make it easier for the local authority owners of the site to defend the claim.

      However, given the severity of your injury and the obvious impact it has had on you personally, professionally and financially, we would be happy to assist you in trying to pursue your claim for compensation.

      Reply
  • Martin

    Hi, I was walking home and I tripped on pathway because Thames water top cover was missing (water mains valve). My Achilles tendon is damaged. Been told to walk with special boot for about 10 weeks. I have pictures. What should I do next?

    Reply
    • Ian Morris

      Please email your photographs of the hazard that caused you to fall to us at justice@direct2compensation.co.uk along with your contact number and a brief description of the incident (date, time, weather etc).

      We can then contact you to get some further basic details to enable us to present this matter to our specialist Solicitors for detailed consideration with a view to pursuing a claim on a no win no fee basis on your behalf.

      Reply
  • Donna

    On Monday of this week (it was raining) I slipped on the public footpath leading from the carpark to our row of houses, this pathway is concrete embedded with stones, over the years the stones have become more prominent causing it to be very slippery when wet, it is on a decline from the carpark. I always try to take extra care when its raining but my foot slipped, i pulled the the back of my calf, I now have a large painful swelling in the back of my right ankle and pain in my right lower back. I have a GP appointment today. Would I be able to pursue a claim with my local borough council?

    Reply
    • Ian Morris

      You could pursue a claim, but unless the stoney pathway has been reported to the council as being a hazard when wet, it is unlikely that the claim would succeed.

      Reply
  • Chris

    I tripped on a pathway, water company’s small grid which has caved in and seems to have been like that a long time and broke my scaphoid. This has since been replaced with a new grid and new tarmac around it. I was in a cast for 3 months and it’s never been the same again, are they liable for this?

    Reply
    • Ian Morris

      Potentially yes, you can make a claim against the highways authority or water company. Do you have photographs of the accident site? If so, please email them to us at justice@direct2compensation.co.uk so that we can review the area and advise you further with regards to a possible claim for compensation.

      Reply
  • Naomi

    Hi, i had a injury at the end of may 2019 in a local park. It was a hole in a park which i have a photo of and can confirm it is more than a inch deep. I was throwing my ball for my dog into water nearby and fell backwards into the hole causing my knee to go one way and foot to go another way. I was at work at the time and immediately called my boss as i could not walk, i work with my partner for a homecare company so she assisted me to the car. I did go to the doctors after following nhs advice online to self medicate and rest and my knee failed to get better so i went to hospital which i had relevant examinations. There was no breaks or tears but i am left with crippling spasms and cramps in knee and upper leg. I am still on medication and attending regular physio. I am still in alot of pain and have been off work 2 months? Do i have a case?

    Reply
    • Ian Morris

      Whether or not you can pursue a claim will depend on the location and type of the defect that caused you to fall. If you fell in a hole on a grassed/unpaved surface the reality is that you will not be able to pursue a claim. However, if the hole that caused you to fall was on a tarmacadam or hard paved surface there is every possibility of making a claim.

      If you have photographs of the hole that caused you to fall, please email them to us at justice@direct2compensation.co.uk so that we can further review this enquiry for you and give you a view as to whether or not you can make a claim.

      Reply
  • Arnie

    The path in our local bowling green in a local authority park is a trip hazard due to tree roots growing through the tarmac on to the footway. The trees are in park land adjacent to the bowling green. The local authority have so far refused to inspect the area.
    If an accident occurs are the council liable? Are councils legally obliged to fund public parks? Thank you.

    Reply
    • Ian Morris

      Local authorities rely on two things to ensure that dangerous or hazardous footpaths are repaired and made safe. These two elements are annual inspections by a Highways Officer and reports from members of the public.

      If you have made written reports to the local authority that the pathways are hazardous and they have ignored the reports it indicates that the path is either not sufficiently hazardous to warrant a claim/render the council liable or they are acting negligently.

      Reply
  • Emma

    Hello, in may 2018 i stepped off a bus at 7.30 am (I’m a bus driver) onto uneven pavement and twisted my ankle, the area had been re laid as the tarmac was newer than the rest of the pavement and this particular spot had sunken by 3cm. I shook it off and continued my duty until 14.30 where i couldn’t drive anymore as the pain was too much and my foot and ankle had tripled in size. I went to hospital and was diagnosed with a twisted ankle. At about a week after my knee also tripled in size and i couldn’t bear any weight on it. Long story short, after 6 months off work, physio sessions, xray and mri scan it appeared i had not only twisted my ankle but damaged the muscle in the back of my knee. So months of pain and loss of earnings i was advised to make a claim through our unions solicitors. The council also denied liability and the solicitors gave up which was so frustrating because they came and inspected the area and filled the hole and also said they had inspected the pavement 8 months prior. But if work is carried out on pavements which isn’t 100% satisfactory which it obviously wasn’t as it had sunk, how can they deny responsibility? It just isn’t right, is it?
    Many thanks

    Reply
    • Ian Morris

      The frustration you feel at the outcome of your claim for tripping accident compensation is one that we share with you. Whilst it is only reasonable that local authorities and landowners be afforded ample time to inspect and maintain the footpaths, pavements and highways that they own/manage, the current system that can be used to successfully defend legitimate claims – such as yours – is clearly an issue.

      Reply
  • Jacqueline Webb

    Hi Ian
    I was walking on a path beside a river (which was a public right of way) beside a private property. I walked along the path to about halfway and walked back to the point I had started my walk. I felt quite tired and wanted to sit down, however, there were no seats to sit on so I sat on the grass, beside the path. As I lowered myself to the floor to sit I felt my right leg slipping on the grass and jarred both my hip and knee as I sat down. I had not realised the grass was a slope and the height of the path to the river below was a good 4-5 feet, which I did not realise until I got up. when I did get up I was in considerable pain due to jarring both my hip and knee. I do have arthritis in both, so was very careful as to how I sat down. I then had to return to the high street and walk back to my car, which was a considerable distance and I was in a lot of pain. I had to stop several times before reaching my car, even to the point of asking a lady in a shop if I could sit on a chair as I had just slipped on the grass near the river and warned her of the danger of the path.
    I had also told at least 4 other people to be careful at the side of the river after I had jarred my hip and knee and said that it someone had run down the joining path they literally could have slipped off the end as there were no safety signs alerting any member of the public of the danger which could ensue if they slipped at the end, they would just go straight into the river as there were no barriers nor warning signs!
    Surely, even on a path that is a public right of way next to a river presents a hazard, not only to me but anyone else using said path.
    I rang Stockton Borough Council the next day and asked who was responsible for the path as although it said that it was privately owned by the Minerva management group then maybe the council had some responsibility too! Employee said that the council did and she would get a member of the the environment dept. to ring be back that was 2 days ago and I am still waiting!
    I have not been in contact with the management group as of yet as when I rang their contact number, no one answered.
    My question is why wasn’t there any warning signs as to one the depth of the drop from the path as surely it was there responsibility to have known this surely, and why wasn’t there any kind of barriers to prevent anyone going over the top into the river, as if one had it would have been almost impossible to get out again at the same point.

    Reply
    • Ian Morris

      I would imagine that there is no duty of care requiring mandatory signage or fencing in this area. It would appear from what you said that there was no fault with the path itself and that you slipped due to the grass slope rather than any defect or hazard that the courts would deem to be an act of negligence on whoever has responsibility for the path maintenance. As such, at this stage it is unlikely that you have a valid claim to pursue.

      Reply
  • Douglas

    I fell in a pothole with my wife on my arm, I pulled her over. I suffered some soft tissue injuries, but my wife fractured her wrist. Am i able to claim for my wife’s injuries?

    Reply
    • Ian Morris

      You can certainly claim for your soft tissue injuries and your wife may be able to make a claim, but the likelihood of any claim she makes is that if it were successful, an element of contributory negligence would be held against the claimant. That said, it would still be worth making a claim if the pothole was sufficiently big (usually over 25mm deep).

      Reply
  • Maria D. Posada Estevez

    On Monday the 22nd of April when I was walking on my way to the railway station, I tripped over in a drive way, my right foot got caught in the drive way a bit higher than the walk path and I fell on the ground concrete, I hurt my left side of my face, my mouth, I broke a tooth, I damaged the enamel and gum, I hurt my knees, hands, especially the left one which let me unable to hold properly for over a week and I damaged my glasses. After the fall I managed to walk back to the front of my flat (the accident happened in the street where I live) and I collapsed in the communal corridor, when I waked up, my neighbours were with me trying to help me, I vomited profusely and I was taken in an ambulance to a near hospital. I am better, but I am still having difficulties to chew food(I need to go back to the dentist)my teeth are not going to be the same and my left hand is still not fully functional. I wonder if the walk path and drive way are standard?

    Reply
    • Ian Morris

      Do you have photographs of the cause of your accident? If you could provide us with photographs showing the driveway and footpath, we could advise you as to whether or not there is any basis for taking a possible claim for personal injury compensation further. Please do email any such photographs to us at justice@direct2compensation.co.uk so that we can consider the details regarding your accident and then advise you further.

      Reply
  • John

    I fell on a footpath leaving my friends house a year ago. I injured my shoulder, back and leg. It was a public footpath with a sign that was broken. My girlfriend came down and took pictures. Do I have a case seeing as I have suffered a lot of shoulder problems after it?

    Reply
    • Ian Morris

      With any claim for tripping accident compensation, we can only really advise when we have seen photographic evidence of the accident site and the cause of the fall. In your case, please email the photographs you have of the accident site to: justice@direct2compensation.co.uk along with your name and contact number. We will then call you to discuss your situation and offer advice.

      Reply
  • Mark

    I fractured my ankle as I tripped off a curb. The curbed area was (and still is) in darkness. Due to the extent of the injury I have a plate in my ankle. Would this be grounds for a claim?

    Reply
    • Ian Morris

      Whether or not you have a valid claim will depend on whether or not negligence can be attached to whoever has responsibility or ownership of the land where you fell. To find out if you do have a claim, we need to know some further information. Our specialist staff would ask you whether there was there a fault with the curb, such as a broken piece or something sticking up that caused you to trip. If so, you may have a valid claim. If not and you simply fell because it was dark, any claim would be less likely to succeed – unless the darkness was caused by disrepaired or broken street lighting.

      There is no statutory duty to fit street lighting. So if there are simply no lights, it is very unlikely that you could make a claim. However, if there are lights in situ, but they do not work or are faulty, you probably can make a claim.

      The best bet would be to make further contact with us so that we can advise you in detail.

      Reply
  • Gavyn

    Hello,

    In January, I was walking my dog along a public footpath and tripped over a tree root that had broken up through the pathway. I had fractured a bone in my hand and was in a splint for 4 weeks. After a few weeks, the council repaired the path by putting chippings over the root so no one would fall over it again. The way the root had grown, it must have been there for a very long time, which I assume should have been noticed and repaired before this accident.

    I lodged a complaint with the council, who passed the complaint to their insurance company/solicitor. I have received a letter today saying that the council are not liable for the broken pathway and my claim was unsuccessful. As they have taken steps to stop anyone tripping again, is this not accepting liability? They have repaired the same pathway in the past as there were loose paving stones.

    Am I now entitled to take the claim to an independent solicitor and is it likely to be successful if their solicitor has said they are not liable?

    Many Thanks.

    Reply
    • Ian Morris

      It is not uncommon for claimants attempting to pursue a claim without specialist legal representation to be ‘turned away’ and given a denial of liability by a defendant insurer. Whilst that does not always mean that the defendant has taken the view that as the claimant is not represented that they can ‘get away with it’, it is sometimes the case that a specialist Solicitor is able to overturn the defence and prove that the defendant was liable.

      In your case, the best thing to do at this stage would be to allow our specialist tripping accident Solicitors to consider your claim in detail. We will need to see the photographs you have and ideally, any correspondence that you have relating to the claim.

      Reply
  • Gerard

    I fractured my foot and tore my ligaments falling off a kerb as I was delivering a bed for work.. just had operation to shave the bone on ankle aswell… Can I claim?

    Reply
    • Ian Morris

      At this stage, it is hard to advise on whether or not you can realistically make a claim for compensation. However, you have clearly suffered a very serious injury and as such, it is sensible to investigate this further. To that end, it would be a wise move to speak further with us so that we can find out more about your work, what training the employer provides, what caused the fall from the kerb and whether there were any defects that caused the injury.

      Reply
  • Mariusz Pekala

    How much time do I have to make a claim? The accident happened on Friday evening and now I am in a cast. I will see specialist on Wednesday. I twisted my ankle and it looks like something wrong with a hole in the pavement. I took some photos the day after accident.

    Reply
    • Ian Morris

      You have a claim limitation period of 3 years from the date of the accident, so you are well within that. However, it is always wise to start your claim at the earliest opportunity as the supporting evidence that our specialist Solicitors will need to give you the best chance of succeeding with your claim will be freshly available.

      It is good to hear that you have taken photographs of the pothole in question.

      Reply
  • Rachael

    I tripped on uneven paving in November and hurt both of my knees. I ended up having to go to A & E to have them x rayed, luckily i escaped with no breaks but had a sprained tendon in my knee which was very painful. It took weeks before i could walk on it without pain and even now it hurts if i walk for more than about half hour and i have been unable to return to the gym since then. I also suffer from anxiety and PTSD and had to cancel counselling sessions becuase i was unable to travel far. I documented everything, took pictures of the pavement (right outside a busy post office) and several pictures of my knees over a few days. I also provided the A & E details. The pavement has not been fixed and i warned the council that should an elderley person fall here the results could be very serious. The council have until 16th of this month to produce their findings and accept/deny liability. What happens if the 16th comes around and the council haven’t got in touch with the claim handlers?

    Reply
    • Ian Morris

      I assume that you have a specialist Solicitor representing you in your claim against them? If not, it would be wise to instruct a suitable specialist to act for you on a No Win No Fee basis.

      If the council fail to disclose their findings by the deadline, a specialist Solicitor would issue a further deadline of around 1 month. If the council again failed to disclose their findings by the 2nd deadline a specialist Solicitor would then issue court proceedings to bring them to court where a judge can oblige them to cooperate.

      Reply
  • Patricia

    In 2017 in March I had a trip and fell in a bus lane that had depressed due to heavy bus usage. I found myself a solicitor and just 2 weeks ago was informed that my case had been dropped on a barristers say so. I broke my nose and damaged my eye area which had to be glued back together as well as other injuries even being unconscious. The barrister says that it would have been easier if it had been a pothole instead. I am very upset about all of this and am wondering if this is it now, Thankyou.

    Reply
    • Ian Morris

      If counsels opinion is that your claim is likely to fail, it is unlikely that a new Solicitor or new opinion would reach a different outcome.

      Reply
  • Amanda jones

    My daughter who was 9 at the time , (2016) went out on her scooter and the scooter hit a very uneven part of the path she was on resulting in a severe leg break , her leg from the ankle down was facing the wrong direction due to the bones being completely broke away from the main one . She was immediately admitted to hospital and was operated on, she had fixcetor on and stayed in hospital for 3 weeks, she was wheelchair bound for a further 4 and was off school for over 3 months …… I just want to know if I could claim?

    Reply
    • Ian Morris

      Yes, you can make a compensation claim for your daughter for this accident – but you will only succeed if certain criteria are met. As this is essentially a tripping accident claim, we will need photographic evidence of the defect that caused her to fall from her scooter, ideally with measurements of the height or depth of the hazard. Do you have these? Can more be taken?

      Importantly, you are well within the legal time limit for making a claim for compensation. With claims involving children that have had an accident, they will enjoy a longer maximum claim limitation period. The norm for those over the age of 18 at the date of an injury is a claim period of 3 years. However, with those under the age of 18 at the date of injury, the law affords them up to their 21st birthday to pursue a claim for personal injury compensation.

      Given the severity of injury sustained by your daughter, we would be very happy to help you find out more about a possible claim for compensation.

      Reply
  • maha

    Hi,

    I tripped down when I was coming out of my work place, I hurt both of my knees. There are not enough lights, by 5.30 in the evening it gets completely dark. It is better for everyone to have proper lighting in that place as I am certain people might get hurt like me. I am not sure of how to take it further. Please contact!

    Reply
    • Ian Morris

      We would be delighted to speak with you to find out a little more about your accident and what has been recorded in terms of your injury.

      Please use the ‘start a claim’ option provided on our website to submit some contact details to us and we’ll call you to explain your rights and discuss a potential claim for compensation.

      Reply
      • Keith

        My wife tripped on a loose rocking footpath paving slab at the end of July resulting in a double comminuted fracture of her shoulder. Along with the considerable pain over several weeks, the cost of physiotherapy in her recovery, being self employed she has lost earnings during the past 10 weeks. The Council inspected the footway just under 5 months previously and so denied liability. However subsequent inspection of their records shows the same defect was identified on that inspection and subsequently repaired with a “temporary” filling. Following this there are several reports from residents and businesses complaining of multiple instances of the pavement flooding due to blocked galleys which I suspected may have been responsible for undoing the repair. A report of a rocking paving slab about a month before my wife’s fall was reported but classified as non-urgent and not actioned. It seems to me that a) the defect repair indemnified during the period inspection was inadequate – the defect was evident again within 4 months and b) the council should have done further inspections following repetitive flooding because of potential collateral damage to the footway.

        Should I confront the Council with the evidence from their own records so that they may wish to review their defence?

        Reply
        • Ian Morris

          Recovering lost income is often part of a claim, even for the self-employed. Have you had this matter represented by a specialist Solicitor with an expertise in public liability tripping accident compensation? If not, it may be worthwhile considering instructing such a specialist.

          Whilst the local authority may be in a position to deny liability on the basis of their inspection and temporary repair, it could be the case that the courts would find that their repair was inadequate or that they failed to make the area fully safe, despite knowing of a hazard. Whilst there is no guarantee that a Solicitor would be in a position to pursue the matter further, it would certainly be wise to seek some specialist advice.

          On the issue of confronting the local authority with the evidence from their own records, it would certainly be appropriate to do that.

          Reply
  • Nigel Hardman

    My Mother recently fell in Plymouth town centre. The cause of the trip was raised paving in an area close to a tree. The result of the fall was a broken arm, fractured thumb, stitches needed to an injury to her eyebrow, facial and leg abrasions and bruising. She had to spend time in hospital. She is in her Eighties.

    The police attended and concurred that the pavement slabs were dangerous and took photo’s, my mother also claims that they phoned the council there and then to inform them that someone had suffered an injury.

    My mother has contacted a local law firm and someone came out to visit her and initially told her that she had a good case for a compensation claim. They have subsequently visited the site where the accident took place and the solicitors view was that it may prove difficult to prove that the council were liable.

    By all accounts the paving needs to raised by at least 1 inch and the solicitor tells her that she needs to identify the exact spot where she fell. She would have been in considerable pain and shock at the time of her fall and I doubt that she was looking around to take measurements as to where she actually tripped. She does does however claim that it was the paving that caused her to fall.

    I don’t know if the solicitor has contacted the police to obtain statements from the officers who attended and to request any photo’s which were taken at the time. My mother does tell me that he has contacted the council and he states that they had no knowledge of the incident despite my mothers claims that one of the officers phoned the council whilst they were in attendance.

    I had pre- warned my mother that the council will, in the first instance, deny any hint of liability. I am of the opinion that with the correct amount insistence that there is reasonable cause for a claim that council will have to reevaluate their stance. If liability can be proven I’m certain that the claim for injury could , and should, be substantial, which is another good reason for the council not accept liability in the hope that she will simply give up her claim and go away.

    In short, The police who attended were of the opinion that the paving was the probable cause of the fall, the paving is raised by the required amount of 1 inch, photographic evidence should be available to support this.

    It breaks my heart that people are claiming tens of thousands of pounds for slipping on a grape and bruising their arm whilst others are suffering terrible injuries, and in this case possibly life threatening, and receiving nothing in compensation due to the fact that the likes of local authorities and insurance companies can simply tell them that they have no claim, safe in the knowledge that litigation would be far beyond their means and that would, in most cases, be the only way to force their arms.

    I do look forward to your thoughts on this matter and thank you for your time.

    Reply
  • Cleara

    I recently tripped over a broken pavement, the pavement got mended a few day after. The council have denied liability. However I took photos of the pavement with the date of the accident. Can I still pursue this?

    Reply
    • Ian Morris

      I would very much like to view the photographs you have taken of the broken pavement that caused you to fall. Please can you email these to me along with a full description of the accident and the height/depth of the tripping hazard listed. If you have any correspondence from the council, please forward the same to me. I realise that the council have denied liability at this stage. It maybe a strong defence, but without viewing the photographs it would be hard to offer a view on that.

      Our article on claiming after trips on broken pavements may also be of interest.

      Reply
  • Helen

    I have solicitors dealing with a claim for me but I have been asked if anyone else has reported the defect that made me trip. It was a defective drain and chunks were broken off of the concrete around it. When I tripped, I went straight onto the pavement, starting on my right side then my body twisted to the left side.

    I have been asking around but no one else has come forward to say that they had reported the hazard. The Council involved say that the area was inspected last year but it may not have been there then? I don’t know what to do. I’m an old age pensioner (66yrs old).

    Reply
    • Ian Morris

      In cases of tripping accident compensation, the courts have allowed local authority highways departments what they say is a reasonable time frame to inspect their highways/pavements and make repairs of any actionable defects or hazards found. As such, the courts have ruled that local authority highways inspectors should check the pavements and roads within their remit at least every 6 months. To that end, if the council can provide an inspection report that shows that an area was inspected within the past 6 months with no defect present, it becomes very hard to succeed with a claim against them.

      In such circumstances, the claimant will then need to locate an independent witness to the defect or hazard – not someone who saw the accident, but was aware of the hazard and reported it to the council – thus proving that their inspection was inadequate.

      Have you knocked doors of the properties adjacent to the hazard? The other option you could employ would be to run some searches of the area on Google Streetview – the images will be dated and if you can see the hazard/defect in situ 6 months or more before you fell, you could print those off and hand the same to your Solicitors.

      Reply
  • Geoff calderwood

    I live in Northern Ireland and tripped and fractured two bones in my left wrist and two ribs. The accident happened at an inspection chamber which is not level with the contour of the surface and the tarmac has broke away from the top of the main hole. Both the water service and the roads service deny ownership yet this loco was incorporated by adoption by roads service when they carried out repairs to main road a number of years ago.
    The loco of the accident was a lane way that gave excess for residents to the rear of their property from the main road. Any advice would be helpful in this matter.

    Reply
    • Ian Morris

      The law in Northern Ireland differs to that of England & Wales (and also Scotland) and personal injury compensation claims within the jurisdiction of Northern Ireland are processed and funded differently to the rest of the UK. As such, we would recommend that you seek the advice of a specialist Solicitor working within the Northern Ireland legal system.

      Reply
  • Brenda Kerr

    Hi, in Sept 2016 I stepped off a pavement which unbeknown to me was quite steep resulting in me damaging my foot. I took a picture to explain to my doctor what I had done and was sent for x rays which were classed as urgent when taken. I then was given an appointment to see an orthopaedic consultant who said I had “an unusual fracture of the navicular” and would cause arthritis in my foot and further down the line I would need cortisone injections. I went to see the consultant again in April this year, had more x rays and I have just had my 1st lot of injections. He said that it would result in my needing an operation further down the line.
    The road I stepped onto has since been re surfaced and is no longer as steep, I have taken another photo of the road now it has been resurfaced. Do i have a claim against the council as there was no notice saying it was steep and if it was not “faulty” why have they re surfaced that part of the road?

    Reply
    • Ian Morris

      The fact that the road has since been re-surfaced may be irrelevant as it is unlikely to have been resurfaced to simply make the height change between the pavement (kerb) and highway lower.

      It is hard to say whether or not you have a valid claim to be made against the highways department of your local authority as there is no prescribed height for kerbs. However, this is definitely something that we would be happy to investigate further for you.

      Reply
  • Brian

    my wife has received a head injury whilst walking along a pavement and tripping over a raised water meter cover on a small newly built housing estate. Most of the houses are occupied and the pavement was opened up for public use8/9 months ago possibly longer. It is too soon to say what the long term affect will be on her health but being in her mid 70,s it could have longer term repercussions so I feel she needs to consider all her options when she feels sufficiently recovered. I have taken plenty of photographs with a 50p coin to guage size of hazard and intend advising the developer and local authority but don`t hold out much hope as local residents have been complaining to the planning officer for months saying the state of the pavements are an accident waiting to happen and the developer is very cavalier in his attitude. The pavement is a route for children walking to the village school and this played a part in granting planning permission for the site, It seems to me both developer and planning/building control have been negligent one for giving public access for something not fit for purpose the other for not using their enforcement powers when public safety is being put at risk. Does my wife have a winnable case?

    Reply
    • Ian Morris

      As you can imagine, at this stage we can’t say for certain that your wife has a winnable claim for tripping accident compensation. However, I can say that on the basis of your initial description of the incident and cause of your wife’s injury, it would seem that she has a valid claim for tripping accident compensation that warrants further investigation as the relevant ‘boxes’ appear to have been ticked in that there is a tripping hazard protruding from the pavement surface that has been in situ for many months (if not longer).

      We would need to see the photographs of the ‘hazard’ and discuss the situation in more detail to give a more qualified view, but our initial view is positive. We would like to help further with this as and when your wife feels able to do so. At that time, please either call us on 01225430285.

      Whilst it is always wise to avoid delays in making a claim, your wife does have 3 years from the date of her accident in which she can make a claim.

      Reply
  • Stephen magee

    I’ve slipped on a council path which had paint spilled all over it. The paint has been there ages but when it is wet it’s like ice. As a result of the slippery surface, I have broken my ankle and the tibia/fibula.

    Reply
    • Ian Morris

      As stated in our slipping accident claims 5 top tips You should obtain photographic evidence of the accident site that caused you to slip and suffer such a nasty injury and then report your injuries and the accident location to the relevant local authority.

      In order to succeed with a claim for compensation, it will have to be demonstrated that the local authority highways department have been negligent and allowed a hazard to remain on the pavement surface for an excessive period of time. To that end, it would be wise to speak to local people to see if anyone is willing to act as a hazard witness in support of any claim you may attempt to make. A hazard witness isn’t someone who has seen an accident, but someone who can verify that a defect or hazard has been in situ for a specific amount of time. Perhaps someone living near this path could state that it has been there for 6 months, a year or even longer. Such evidence would greatly help any claim that were to follow.

      Whilst your accident scenario is unusual, we think it is worth looking a little further in to this with a view to making a claim for compensation. Please contact us so that we can take some further information and get one of our specialist public liability accident Solicitors to discuss this with you.

      Reply
  • Yvonne

    I had a fall on a pavement that was badly cracked and sticking up and hurt my knee. I made a claim against the council and they said they were not liable because they had a regular inspection. However, the inspection forms they sent me made no reference to the area in question. I have sent details to Thompson and Slater Gordon who say they can’t act but do not say why. Since the fall the pavement area in question was repaired within a couple of weeks and is now smooth tarmac but the same pavement has several more areas that required repair (approximately 10 or more separate areas that were highlighted in yellow paint) which were all highlighted at the same time and would not have all come up for repair at the same time, therefore regular inspections cannot happen. There are still blocks sticking up in the same area that I fell that have had nothing done to them and they have been like this since my fall over 2 years ago! I have had to have physio and attend hospital for my knee since the accident and still have a lump on the knee that the specialist says will always be there as it was caused by the trauma. This means that I no longer feel comfortable wearing skirts. Do you think I should be able to claim against the council?

    Reply
    • Ian Morris

      The courts have previously found that it is unreasonable to expect a local authority to ensure that there are no hazards whatsoever on their footpaths. Therefore, they have ruled that as long as a local authority have a reasonable inspection regime in place that involves checking and identifying actionable defects for repair they will not be liable should someone have an accident.

      The only way that you are likely to succeed now – given that the claim has already failed – is to be able to demonstrate that the inspection carried out was not sufficient or that it was inadequate. Do you know if the inspection of the area where you fell was done on foot or via a drive-by inspection?

      Reply
      • Yvonne

        From the lengthy report they sent to demonstrate their ‘on foot’ inspection there was nothing to indicate that this area had been inspected at all. I asked them where it was and they indicated a page that was not the correct area and in fact was at the other end of the road. As i said they had about 10 different areas they marked up for repair at the same time all along the road!

        Reply
  • Darren

    I had an accident at work while working for a local government authority. They have admitted liability, my solicitor has sent them compensation details but they have not been back in touch. She extended the deadline because apparently the case worker has left and it was handed over to somebody else. But I still have no offer and there is only a few days left until the deadline. Can anybody advise me in what is going on, I don’t really fancy going down the court route are they with holding evidence or just burying their heads.

    Reply
    • Ian Morris

      If the defendant is not responding within the standard time frame, it is usual practice for the claimant Solicitor to offer an extension to the deadline and await response. If the defendant continues to fail to cooperate and respond as per the law, the only option is for a Solicitor to issue proceedings and bring the defendant before a court as the court has the legal authority to force them to disclose information, decide upon a settlement and ensure payment.

      Reply
      • D burton

        Ok so I’ve still had no answer for a settlement so I guess my solicitor is going to start court action. If this is the case can they just make one offer instead of the 3?

        Reply
        • Ian Morris

          If the matter goes to court, a Judge will decide the value of the claim based on evidence from both sides of the claims process – if the two sides are unable to agree mutually.

          Reply
  • Elaine Marcham (Joes Mum)

    Hello. My teenage son (who has autism/learning disabilities) tripped over some rusty metal fence protruding onto a public footpath. He suffered cuts, grazes and hurt his wrist, the incident upset him very much. I put in a claim (Reading borough council) but have now received a decision telling us to redirect the claim to the Landowner. The reason and information they give me contradicts information I have from emails etc. Your advice would be very much appreciated. Thankyou.

    Reply
    • Ian Morris

      Have you instructed a specialist personal injury compensation Solicitor to act in this case? If not, contact us and let us put the details of Joe’s accident to one of our specialist tripping accident compensation Solicitors. Our specialist Solicitors will be able to conduct a land registry search to locate the correct landowner and therefore defendant in this claim if it is shown not to be Reading Borough Council.

      When claiming compensation, the claim must be brought against the correct landowner and it would appear that Reading Borough Council are denying that it is they who own or manage the accident locus in this case.

      If you would like to speak with us about this and get some further help, please call us on 01225430285.

      Reply
  • steve ward

    A friend of mine fell in a car pub car park sustaining facial injuries requiring hospital treatment. She also had to have 5 days off work due to the injuries . Should she report the incident to the local authority as this should have been reported under RIDDOR and can she request a copy of the RIDDOR report?

    Also do you think she has a claim?

    Reply
    • Ian Morris

      Whether or not your friend has a viable claim for tripping accident compensation will depend on what caused her to trip and whether or not the cause would be deemed to be sufficiently dangerous to be able to hold the defendant liable. In order for us to be able to advise on this, we would need sight of photographic evidence of the hazard that caused your friend to trip so that we could then ascertain whether or not it meets the criteria needed to warrant a claim for compensation.

      There are other issues to consider that could weaken or improve the prospects of success with any claim that may follow. For example, was the matter properly reported to the Pub in question and did they make a note of this in writing (accident book)? When presenting at Hospital was your friend impaired due to alcohol? Being drunk does not preclude one from being able to make a claim for compensation but it can be seen as contributory negligence.

      Please forward any photographs to us via: justice@direct2compensation.co.uk with a brief description of what happened so that we can evaluate the hazard responsible and then advise further as to whether or not a claim for tripping accident compensation can be made.

      With regards to the RIDDOR reporting of this matter, it would be a wise idea to contact RIDDOR directly to discuss with them as to whether this was reported or should have been reported.

      Reply
  • David moorhead

    I am claiming against Knowsley council. I tripped on a pothole and broke my ankle. They have been in touch and said they will not admit liability they say the area was inspected on 17th December 2015 and at the stage the defect was not apparent I broke it in March. I have medical records and proof of pothole will I be eligible for a claim?

    Reply
    • Ian Morris

      David

      In your case, the council have raised what is known as a Section-58 defence. This defence is a commonly used one by highways departments when facing claims for compensation for tripping accident claims.

      In previous cases, the courts have stated that it is fair for local authorities to be expected to ensure that their pavements and highways are safe for use. The courts have recognised that local authorities should have a reasonable time frame to identify and repair any hazards and that to succeed with a claim for compensation, a claimant must demonstrate that a hazard was sufficiently large and in situ for a sufficiently long period to make it an actionable claim.

      In your case, the local authority are stating that the defect was not present or was too small to be repaired when inspected in the December and have rejected your claim.

      This does not however, mean that you must accept this and give up. Have you been liaising with the council directly or have you had a specialist injury compensation Solicitor working on this for you? In many cases, we find that when people have tried handling a claim themselves, they reach the stalemate that you have – a denial of liability.

      Over the years, we have successfully proven that potholes or defects in pathways have been present for many months – far before the local authorities claimed that they’d inspected an area. We can find section-58 hazard witnesses – people who live in the area where the hazard was situated and are willing to be a witness to the fact that the pothole was present for many months. We have also been able to demonstrate that the inspection regimes used by the highways departments have been inadequate and therefore not fit for purpose and had denials of liability overturned in to admissions.

      I suggest that you contact us by email – justice@direct2compensation.co.uk and provide the photographs etc that you have. We’ll then get in touch to give you our view, with a hope of being able to instruct one of our specialist tripping accident compensation solicitors to take this further for you.

      We look forward to hearing from you.

      Regards

      Ian Morris

      Reply
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