Unfortunately, in the UK we tend to experience some pretty confusing weather; for example, one day it might be bright sunshine and the next we open the curtains to a blanket of snow! With the constant change in temperature from one end of the scale to the other, it isn’t really that surprising that our pathways and roads are in the state that they are with many holes, cracks and bumps appearing overnight.
However, this is the problem when you come to make a claim for injuries caused by these defects – as can the highway authority or council really be expected to know and repair defects that appear this quickly?
Injuries caused by falling on these types of defects can range from the minor cut to the knee and bruised elbow to broken bones and possible permanent issues so how come these cases can be so difficult and unfortunately can last for quite a long time?
Under S58 of the Highway Act, the local authority/council has a duty to implement reasonable inspection and maintenance regimes to ensure the area is as safe as possible. Unfortunately in law, reasonable does not carry with it a definition as it is something that will be decided on the individual merits of the case. This is simply because it would not be reasonable to expect the council/HA to stand by every patch of road and monitor it 24/7 so that if any crack or bump appears it can be sorted straight away. It is not only unreasonable to imagine this, but the cost of this would be extortionate and therefore it is unlikely that anyone would support this type of approach!
If the council can show that they have a reasonable inspection regime in place and the defect has occurred (and the accident) between these dates they will raise this as a defence and it can be quite effective. Of course, the effectiveness will depend on what the documents show and the type of area that the accident has occurred in. For example; you would expect a busy high street to be inspected more than a country road.
Another difficulty with this claim is that the defect has to be a foreseeable risk of injury – many think this means the defect has to be 1 inch high. This is not true and is not anywhere in law as the courts have consistently refused to put a “tariff” on how high a defect needs to be to be consider a risk. Again, a defect outside a school may be more risky than that on an abandoned road. Therefore, it is important to get photographs, measurements and any witness details to support your claim.
So the answer to the title of this blog is yes – but it is important to be aware that these claims can be difficult and therefore you should ensure you have the best representation. Call us today on 0800 634 7575.
