trip on uneven pavement

harlee125

Last week my 77 year old mother and I were walking in town and there was a pavement that had been repaired with tarmac and it was uneven she tripped over and broke her hip and is now in hospital making a good recovery what do I do now about complaining to the council about what has happened.

regards

dacouch

What do you aim to achieve, get the damaged pavement fixed or obtain compensation?

huckster

You have posted to the Insurance thread.

Not sure what advice you want. If there is a problem with the pavement and there has been an injury sustained, then you need to report this to the councils helpline. The council will have a number to call to report such accidents.

If she is wanting to seek compensation, then she should get in touch with a local no win no fee solicitors with a view to taking on the council. It would help to have photographs (with date shown) of the pavement from different angles, just in case work is done to fix it.

dacouch

huckster wrote: »

You have posted to the Insurance thread.

Not sure what advice you want. If there is a problem with the pavement and there has been an injury sustained, then you need to report this to the councils helpline. The council will have a number to call to report such accidents.

If she is wanting to seek compensation, then she should get in touch with a local no win no fee solicitors with a view to taking on the council. It would help to have photographs (with date shown) of the pavement from different angles, just in case work is done to fix it.

Ideally the pictures need a ruler in view showing the defect in the pavement to see if the size difference is enough for a claim

harlee125

I didn't know what to do but I will contact the council and complain and I will contact a no win no fee company. I think I just wanted advice.
thank you very much for replying

dacouch

harlee125 wrote: »

I didn't know what to do but I will contact the council and complain and I will contact a no win no fee company. I think I just wanted advice.
thank you very much for replying

She won't be able to claim unless the difference in the pavement she tripped over was more than an inch.

It would be best to go an measure it and take photos with a ruler in the image as the size will be one of the first things the claims company ask you

Crazy_Jamie

dacouch wrote: »

She won't be able to claim unless the difference in the pavement she tripped over was more than an inch.

It would be best to go an measure it and take photos with a ruler in the image as the size will be one of the first things the claims company ask you

This is good advice; in any event if you instruct a solicitor they will want evidence of the dimensions of the defect. It is in your interests to take pictures and measurements relating to the defect as quickly as possible. It is not an absolute rule that a defect needs to be more than one inch to be considered dangerous, but it is a very good generally rule and applies in the vast majority of cases. Chances are if the defect is not more than one inch then any claim would be unsuccessful, though you can always seek advice from a solicitor in a free consultation to be sure.

Even if the defect is more than one inch, that does not mean that a claim will definitely succeed. Due to the presence not only of a statutory duty but also a statutory defence in these cases, they can be notoriously tricky and difficult to win from a claimant position. If you do want to pursue the matter instructing a solicitor is essential given the potential difficulties in running a case of this nature.

harlee125

Hi I contacted the council they are looking into it and the level looks like it's just under an inch but it is uneven along the trench that had been dug out and refilled with tar. In the shop opposite the staff said there are always people tripping over at the same spot, but as long as it gets repaired to prevent anyone else getting injured would be good.
Thank you for the help and advice