If you have tripped on a wobbly paving slab on a public street then it is likely that we could make a claim under the Highways Act 1980. An alternative is tripping on a wobbly tile or slab that forms as part of a private property, which would then normally fall under the Occupiers Liability Act 1957 if the property was not your workplace. This blog post will discuss the law, liability and negligence by those whom have breached their duty on a public highway and fall under the Highways Act.
Who is to blame?
Those to blame for wobbly paving slabs could include the relevant public authority, the highways agency, or perhaps another company who has been outsourced the highway maintenance contract. If you have tripped on a wobbly paving slab and reported it to the wrong authority, then those who you have reported it to should inform you it is owned by someone else. For example, if you have fallen on a wobbly paving slab whilst walking home and report it to your local council, they may say that the highways agency have authority over that area so you should report it to them.
Whoever has control of the area should have the authority to maintain the highway at the public expense. This means that your taxes go towards funding the maintenance of pavements so they should be at a good standard where you can walk on them without having to worry about falling and injuring yourself. There is a duty placed upon the authority to maintain the highway. This means that they have a duty to keep it in a usable way and to reduce the possibility of a hazard forming. They could breach this duty by not keeping it in a fit and suitable condition which has caused you to have an accident.
Is there a defense for the authority?
The authority does have a special defense within the Highways Act 1980. The defence is that the council or agency must prove that they had taken all reasonable care which was required to secure that the highway was usable.
If a case went to court they should take notice of who would use the highway, the standard of maintenance appropriate, the state in which a reasonable person would expect to find the highway, whether the authority knew that the highway could cause danger to traffic and if they had known, if there was adequate warning or caution notices.
EXAMPLE: A man was walking his dog on a frequently used path. He walks on the left side of a paving slab which raises the right hand side and the man catches his foot on this and falls and damages his left knee.
The relevant authority in this case has a duty to keep the path usable to prevent people being injured as much as possible. The relevant authority has broken their duty of care unless they can prove that they had taken all reasonable steps to keep the area safe. This could include proving they have inspected the pathway regularly to ensure that there are no wobbly slabs or can include inspecting and cordoning off the affected area.
If they have records that show a defect has appeared in between inspection periods, they can use the defence to easily avoid paying out for your claim.
