If you sustain injury due to falling, tripping etc over a defective or wobbly pavement, then you may be entitled to claim compensation. Ordinarily these claims would be against the local council if the accident occurred on a public footpath or road. However any potential claim could also be against a local shop for example if the accident occurred in front of a shop and that land is owned by the shop in question. Whoever owns the land (whether it be the council or a shop owner) owes you a duty of care. This is to ensure that you are safe whilst on their land.
To be successful with a claim of this type there must be some defect that has caused the injury. It is highly important that, should you wish to pursue a claim, you obtain photographs of the defect in question. This is of paramount importance should liability be disputed in the case. The depth and nature of the defect is likely to be extremely important in determining liability. Also note that the defect could be repaired at any stage meaning that you may lose the opportunity to obtain photographic evidence of the defect. Video footage showing the wobble of the pavement could also prove very useful to help show how dangerous it was.
Whether you have a winning claim or not comes down to what system of inspection and maintenance those responsible have. A council or a shop owner should inspect and maintain their ground to make sure any defects are rectified. If they fail to do this within a reasonable timeframe you may have a claim.
With any trip or fall accidents, the potential injuries are wide ranging. Possible injuries include cuts and bruises as well as broken bones. Note that compensation is awarded on the basis of the length and severity of your injuries. In addition you can claim special damages which can include any losses in connection with the claim. Losses could be damage to personal items such as clothing or jewellery etc. You can also claim for any additional assistance you required due to the injuries you sustained.
It is always unfortunate and annoying to fall and sustain injury. It is also frustrating especially when an obvious defect has caused your injury. It is always your right to make a compensation claim. We offer free initial advice so we can assess your case and the likely prospects of success. If we are able to act for you, we may be able to offer you 100% of your compensation, which is not always the case with most firms these days.
We aim to deal with your claim as quickly and efficiently as possible. For a free initial chat about a potential claim do not hesitate to contact The Injury Lawyers today. We deal with all types of personal injury claims.
