This is a very common scenario! With the insane amount of potholes and defects that have been caused by the cold winter we have been through, I think it’s safe to say the highways authorities are facing huge amounts of work (and so maybe behind!) when it comes to rectifying defects on public ground. In this article, I’m going to focus on raised paving as oppose to pothole defects.
A raised section of the highway is a recognised defect. It can commonly occur when paving slabs become loose and rise up as part of the ground sinks down below it. Obviously a raised section of the paving is a dangerous tripping hazard. There is case law to support that you shouldn’t have to look at your feet all of the time when walking around, or you’d be liable to walk in to street furniture. So don’t be daft and think that it’s your fault because you should have been watching where you were walking!
Tripping on a raised section of paving can end up in serious injuries. If you’re lucky you might catch yourself and not fall over; but if you’re not, landing hard on concrete can easily lead to fractures and serious damage. The question is what can you do about it if you have been injured due to a raised section of paving? Can you claim compensation for your injuries and suffering?
You have the right to make a claim, but as honest lawyers, we’ll tell you now that it may not be easy. The relevant law for these types of cases is the Highway Act 1980, and this piece of legislation means that whoever is responsible for a highway must take all reasonable steps to ensure that it is safe for people to use. Reasonable is not a clear word – what I consider to be reasonable may be entirely unreasonable to you! So the way it works is this: the authority responsible must show they have a reasonable system or inspection and maintenance in place as their ‘reasonable step’ to prevent an incident occurring.
You’ll notice I will use the word ‘reasonable’ a lot! So what is reasonable can depend on the area itself. A busy high street in the middle of London may be inspected every one to three months. There’s a lot of traffic so there’s more chance of an incident occurring. A cul-de-sac in a beautiful rural village in Cornwall is probably inspected maybe every 9 – 12 months. But what does this mean to you?
Well, if you trip and fall due to raised paving, your claim may be successful if we can prove that the authority responsible for that paving slab has not reasonably inspected and maintained the area. To make that clearer, the authority in charge of the area can very easily defend your claim if they can prove that the paving became raised in between inspection rounds. If they inspect the path every three months, and you trip over six weeks after the last inspection, they can use a special defence to show that they have a reasonable system in place and you were an unfortunate victim that has tripped between inspections. However, if you trip one month after an inspection should have taken place (i.e. the authority hasn’t gone out and checked the area when they should have done) then you may have a claim.
Naturally this makes it very hard to claim for raised paving, as most councils and highways authorities will keep up to date with inspections. The only saving grace you may have is if the defect had been reported to the authority responsible and they failed to act on it in a reasonable time frame. There it is again – that word ‘reasonable’!
Another factor to consider is whether the raised section is raised far enough to be classed as an actionable defect. You can trip over the slightest of raises, but unless it’s over roughly an inch, you may find it hard to claim as the authority may argue that it’s not a big enough defect to pose a risk. That’s just the way the law works I’m afraid! The ‘one inch rule’ as it’s commonly referred to is not an absolute rule, but it is a guideline.
If you trip over a raised section of paving, take some nice, clear, photographs showing the raise with a ruler or other measuring device next to it, and also some of the general area, and call our free claims helpline on 0800 634 75 75 and we’ll see if we can help you out!
