arghhh mud caused accident...council to blame?

sad_dog_lady

my pal has fibromyalgia like me... she is worse on crutches. my neighbour from hell see other posts... has tottaly destroyed 10 ft of highways verge to get to his illegal drive... dragging mud all over the pavement and road, my frind couldt park near to the house, so she parked accross the road, on her crutches came accross and slipped on all the mud on the pavement hit her knee badly ... now i know who is to blame, but this is going almost certainly to make her fibromyalgia flair up badly she will need extra morphine.. means she cant work... so should she sue the council?? i told them last year that this was getting dangerous, i emailed them to ask for some advice, no reply !! i cant believe its bloody anoying, can she sue him directly? no mud on road sign? we have taken a photo of her knee and she is currently wrapped up on the sofa, trouble is its a kinda shock for the body.

sad_dog_lady

have decided to call police and log it with then as im sure its a criminal offence driving over pavement mud on road etc

Zara33

sad_dog_lady wrote: »

my pal has fibromyalgia like me... she is worse on crutches. my neighbour from hell see other posts... has tottaly destroyed 10 ft of highways verge to get to his illegal drive... dragging mud all over the pavement and road, my frind couldt park near to the house, so she parked accross the road, on her crutches came accross and slipped on all the mud on road hit her knee badly on the kirb... now i know who is to blame, but this is going almost certainly to make her fibromyalgia flair up badly she will need extra morphine.. means she cant work... so should she sue the council?? i told them last year that this was getting dangerous, i emailed them to ask for some advice, no reply !! i cant believe its bloody anoying, can she sue him directly? no mud on road sign? we have taken a photo of her knee and she is currently wrapped up on the sofa, trouble is its a kinda shock for the body.

So would it have made a difference if there was a sign there
TBH i think the police have more important things to worry other than mud on a pavement...but by all means sue :rolleyes:
Would love to hear what the solicitor will say, please do keep us posted.

Torby

I would have thought the person that made the muddy mess is responsible...I know when tractors/farmers or workmen/site vehicles put mud (dangerously) onto the roads and verges, they have an obligation to clean up after them...thats why you see the more conscientous builders spraying and brushing the road afterwards....legal advice time I think

lucylocket2008

What do you mean by an illegal drive?

pulliptears

lucylocket2008 wrote: »

What do you mean by an illegal drive?

I assume the driver is crossing a grass verge without a dropped kerb and is parking their car on their property.

Not illegal to park your car there of course, but you cant cross the verge to get to it. You should pay the council an extortionate sum to drop the kerb, making it legal.

Brooker_Dave

sad_dog_lady wrote: »

my pal has fibromyalgia like me... she is worse on crutches. my neighbour from hell see other posts... has tottaly destroyed 10 ft of highways verge to get to his illegal drive... dragging mud all over the pavement and road, my frind couldt park near to the house, so she parked accross the road, on her crutches came accross and slipped on all the mud on road hit her knee badly on the kirb... now i know who is to blame, but this is going almost certainly to make her fibromyalgia flair up badly she will need extra morphine.. means she cant work... so should she sue the council?? i told them last year that this was getting dangerous, i emailed them to ask for some advice, no reply !! i cant believe its bloody anoying, can she sue him directly? no mud on road sign? we have taken a photo of her knee and she is currently wrapped up on the sofa, trouble is its a kinda shock for the body.

Demand compensation for not looking where she was going!!!

Brooker_Dave

sad_dog_lady wrote: »

have decided to call police and log it with then as im sure its a criminal offence driving over pavement mud on road etc

Did the police laugh when you rung up to report a muddy pavement?

Pink_fluff

I understand your friend is on crutches, but what is the difference between your friend falling and having crutches opposed to somebody without crutches falling? I nearly slipped on ice while I was walking to work today. I'm not trying to sue the council...

pulliptears

Pink_fluff wrote: »

I understand your friend is on crutches, but what is the difference between your friend falling and having crutches opposed to somebody without crutches falling? I nearly slipped on ice while I was walking to work today. I'm not trying to sue the council...

Not quite the same though, the mud is on the road due to someone illegally driving over the grass verges, something which if reported the council should enforce. The Ice is on the road due to an "act of God" and all the council tax payments in the world wont sort that.

sarahg1969

Pink_fluff wrote: »

I understand your friend is on crutches, but what is the difference between your friend falling and having crutches opposed to somebody without crutches falling? I nearly slipped on ice while I was walking to work today. I'm not trying to sue the council...

Eggshell skull principle. You were not injured, but someone on crutches who already had a problem, might have been.

That said, I don't think it's similar to a car on a muddy road. A driver has less time to see mud on the road than someone who chooses to walk right through it.