Personal Injury Claim - Walking Down a Street Trip

Crazy_Jamie

Ignore the 'anti personal injury claims' brigade, Moosic. They always dance to the same tune and almost invariably know very little about what they're preaching about.

The relevant statute for maintaining public highways is the Highways Act 1980. Specifically the duty to maintain a highway is enshrined in section 41(1) of that statute, with the primary defence to a failure to maintain being in section 58.

These cases are rarely absolutely clear cut. The advice given so far that a defect needs to generally be one inch or more to be actionable is correct. When you go to the site to look at the defect, it is very important that you also take a ruler or some other measuring device and take pictures with it showing how deep the defect is. Picture evidence of the site (and specifically, good picture evidence) is very important in tripping claims. Make the most of it. Take pictures from different angles, including up close and from staggered distances approaching the defect.

DaisyFlower

Moosic wrote: »

Hey don't mean to be rude, it's more about principals than money. I'm off down there in a hour or so to take some pictures. Once i'm done i'll upload them to, mayb i shud show you how my mom looked like too.

If it were more about principles than money, then you would be asking how to get the council to fix the problem so that it did not happen to anyone else.

People trip all the time, doesnt mean its anyones fault.

Moosic

Moosic

dacouch

It looks just under 1 inch which normally means you cannot claim. If you want to claim it might be worth getting some clearer photo graphs that show more clearly what the exact depth is.

Also remember that they will be basing in on the direction she was walking so make sure you do the measurements on that way (Its worth having a copy the front of a national newspaper in view as this helps prove the date so there is no arguement).

The drain does look a danger, I assume it has subsided, have you reported it to the council yet?

maninthestreet

It's not a drain cover, it's the stop-c-o-c-k to turn the water off for the property on the left, isn't it?

Moosic

I don't understand that if it is under one inch that you cannot claim, i mean you can see that there is a danger. I have the photos to prove that, hospital report, doctors report, even witnesses.

The way she was walking was down the street, that is the angle i have taken the photos at. The council has not been informed by us, a counciller was around at the time of the fall asking questions and said he would report it to the council.

Any ideas on what to do ?

Moosic

Moosic wrote: »

Hi everyone, i'm new to the forums and desperately need help.
She had been walking down the footpath past shops and her feet or foot had got caught in a drain / water stopcock cover.

Good spot. :T

darich

this isn't automatically the fault/responsibility of the local council. in my area, ironwork, manholes, etc are sometimes the responsibility of the appropriate utility. Complaints of low/protruding/rocking/damaged covers are sometimes passed to the water company and it's up to them to repair it. Along with that they are required to reinstate the footway/carriageway. So if someone trips the next day on a poorly repaired footway because the water board have messed up their reinstatement, it's not the fault of the council.

I've also never heard of a "one inch" rule - i was always under the impression the each and every case was treated on it's own merits.
Regardless of the "one inch" rule, and having seen your images, i don't think it's as bad as some areas. Not to belittle or make light of your mum's fall, i don't think she has much of a case here.

dacouch

There is a legal precident set that triping hazards have to be 1 inch or more.

People have won with smaller hazards but it is very very unlikely and I doubt you will find a solicitor to take it on a no win no fee unless it is 1 inch or more. It is therefore important that any photos you have show very clearly what the depth is