After a harsh winter of snow and frost many of our public highways and roads have been left in a terrible state. It is the action of the freezing and expanding of the ice between cracks on the roads and pavements that causes these increased tripping hazards in the springtime.
In saying the above, it is advisable to get the advice of a specialist personal injury solicitor in dealing with trip claims; especially where they involve the local council as the potential defendant. At The Injury Lawyers we do not like giving false hope and we like to be as honest as possible with our blog readers – so we advise that council claims can be difficult claims to deal with. This being said however, it should not put you off the idea of bringing a potential claim, but simply make you place your claim with a firm who has experience in dealing with these types of cases.
It is true that councils have a duty to protect the public from risks to their health and safety. This being said, they can fulfil this duty legally by having an inspection and maintenance policy in place which dictates when and how often they need to inspect roads and pathways. For example, if the road you tripped on was a busy public highway, it may be checked once a month. If it was a lesser used footpath in a village, it may only be inspected once or twice per year.
If you bring a claim for a tripping accident against the council, if they have inspected the highway in accordance with their policy, they may be able to rely on Section 28 of the Highways Act as a Defence if the defect occurred between inspections.
In saying the above, it need not be a trip on a defect such as a crack or pot hole on the pavement that brings about your claim. It may be a trip over a defective manhole cover which has not been totally secured. Utility companies who may have responsibility for the maintenance of these man hole covers have a duty, like anyone else, to protect you from risks to your health and safety.
At The Injury Lawyers we have a vast amount of experience in dealing with trip claims. We work on a genuine no win no fee basis and work hard to ensure our clients obtain the best possible amounts of compensation.