Bad weather causes further damage to public footpaths and places an increased burden on local authorities to keep them maintained. Accidents are not solely caused by potholes – they could also be from removed or damaged drain covers, manhole covers, raised paving slabs, or building works for example.
Such accidents can cause injuries including cuts, bruises, ligament strains and broken bones. To make a successful in a claim for compensation there must be some form of defect with the ground in question to be able to hold the council or local authority responsible.
If you have sustained injury while out and about, be prudent and obtain photographs of the defect in question. It is important to try and get a measurement of how deep the pothole is. To do this, try putting a coin such as a 2 pence piece in the hole and take a picture. This helps to show the depth of the pothole or raised paving slab. If you do not obtain photographs remember that the council or local authority could repair the defect at any time and this would obviously make your case that bit more difficult to prove (even though it is usually obvious when a pothole has been patched up).
If the defect is less than about 2.5 centimetres then this may not be enough for a Court to say the local authority or council should pay compensation, as the council or authority could argue that it is not something that requires intervention. If you can obtain photographs you will be able to seek legal advice and get an opinion on your case much more quickly. It is important to note that every case is different and you really do need to obtain legal advice as soon as possible.
Although these types of claims can carry a fair bit of stigma in the press, they can cause quite serious injuries. Here at The Injury Lawyers we have dealt with many tripping claims. We have seen people walking and tripping over raised paving slabs causing injury. We have also seen runners get their foot caught in open manhole covers. In addition to the injury we can also try and recover any incidental losses. For example you may have ruined clothing and had to pay for painkillers as a result of the accident. We can try and recover such losses however it is important to keep hold of any receipts to prove that the expense has been incurred.
We are experts in the Personal Injury field so do not hesitate to give us a call today on 0800 634 75 75.