People often have gripes about potholes or uneven paving slabs on our roads and pathways and whilst most of the time they are no more than an annoyance, occasionally they can cause serious injury if not remedied.
Each year, thousands of people are injured as a result of walking, jogging, cycling or driving on defective surfaces that the local council or UK Highways are responsible for maintaining.
Have you suffered an injury because of a trip on a faulty path or road? If so, then you may be able to claim for compensation.
Some typical claims include trips, slips or falls due to:
- Lose or broken paving stones
- Broken curbs
- Un-even paving slabs
- Potholes in roads and cycle paths
- Damaged manhole covers and drains
- Damaged bollards, posts and barriers
- Inadequate signage
- Poor street lighting
Claims Against Councils are on the Rise
Since 2015/16 there has been a 15% increase in claims for slips, trips and falls on pavements or highways.
This has seen some councils spring into action to repair their pathways and make their local boroughs safe. However, others may not have the necessary budgets or resources to cover all of the work that is required.
The worst offending councils were located in Birmingham, Sheffield and in some London Boroughs who between them have paid out over £1million in the last year in compensation claims. These claims consisted of defective tarmac, uneven paving stones, broken curbs and other hazards for pedestrians.
Injured in a Public Place
Slip and fall accidents can happen just about anywhere. Injuries from trips, slips and falls can involve broken bones, sprains, spinal injuries / back problems, head injury, cuts and lacerations, tendon or muscle damage.
If your injury means that you needed to take time off work, then you could have sustained a financial loss as well as pain and suffering. Some people may require surgery, physiotherapy or long-term care as a result of their injury.
Whilst at the time you may not remember, it is important to document what has happened to you by taking photographs of the area where you fell or had your accident. Particularly, in claims involving defective paving slabs, potholes, curbs and tiles, it is important to photograph the size of the defect and gather any other evidence to help you prove how your injury occurred, and to show that it was not ‘just an accidental trip’.
Injury Claims Explained
If you or someone you know has suffered an injury that occurred through no fault of their own, then they could have a claim for compensation.
The process for making a claim can be complex, so most people will appoint a Lawyer that specialises in personal injury claims to handle it on their behalf. Some firms require you to pay for their advice on a fixed fee or hourly rate, whereas others, including Lamb Brooks, offer a ‘no win, no fee’ service, which means there is no risk to making a claim.
In order to succeed you must be able to prove that someone else was responsible for your accident. Those responsible could be a local council, a business, another driver, your employer, a hotel or leisure centre, for example.
Evidence will need to be gathered to support your claim and an independent assessment of your injuries or illness will be carried out. After this stage, there is usually some back and forth between your lawyers and the other party to determine the outcome, calculate the claim, negotiate terms and discuss a settlement figure. If an agreeable settlement cannot be made, then the case could go to court for a judge to decide the outcome.
Once settled or court-ordered, a compensation payment can be made and you can then set about closing a difficult chapter, rehabilitating and moving on with your life.
Speak to an Injury Lawyer
If you are concerned about an injury sustained out in a public place or on the roads, then please get in touch with our Personal Injury department who can quickly determine if you have a valid claim and discuss the next steps forward.
Call us on 01256 844888, email enquiries@lambbrooks.com or you can speak to our online chat assistant (who is a real person, not an AI bot) on our website at any time of day or night.
We hope to provide you with some much needed answers and obtain justice for your accident.
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.