When we are out and about in the street, at shopping centres, at the park etc, we are generally on property owned by others. The owner could be the council or local authority, equally a pavement in front of a shop may be owned by the shop itself. As a firm of Solicitors we can ascertain who owns a piece of land. This is often straight forward as we can submit a search with the land registry. It can become quite technical trying to figure out boundary lines in the real world.
However in the most part a land registry search will inform us who owns the land in question. We can then submit a claim to the correct party or local authority. The owner of the land in question (the street, the shopping centre, the car park etc) is responsible for making sure that the land is reasonably safe and free from defects. The owner is responsible for maintaining their land. If you sustain injury because of a defect on someone else’s property or land, then you have a right to claim compensation. This comes under the term “occupier’s liability” if the land is privately owned, or the “Highways Act” if it’s public / Council land.
We have dealt with many claims whereby innocent victims have sustained injury due to broken and defective bollards. You often see these bollards in car parks and on cycle and walking routes. The bollards themselves are often used to prevent access by cars and other vehicles. When you are out walking or riding a bike, you expect the land to be reasonably safe. If there is a defect, you would expect to be warned. For example it is not expected that a defect be rectified immediately. However it is expected that a reasonable inspection regime is in place. A reasonable inspection regime means that defects on land (such as pot holes and broken bollards) will be identified quickly. It is then up to the land owner to warn and prevent access to the defect (such as by using warning signs or cordoning the area off) until the defect is rectified or fixed.
A broken bollard may cause a trip hazard, such as if part of the bollard is still sticking out from the ground. It is also evident that it could cause an accident if someone cycled over the sticking out bollard. We see many claims whereby people have sustained injury due to defective and broken bollards. The potential injuries could be wide ranging, from cuts and bruises to broken bones. We would obtain medical evidence to document your injuries in more detail.
To discuss a potential accident claim contact The Injury Lawyers today. We are open 9am to 5pm Saturday and Sunday and 9am to 10pm during the week. Outside of these hours you can leave a message on our website and one of the team will call you back.
