Have you ever tripped over raised paving in the street and injured yourself? Perhaps you suffered an accident after falling due to missing paving stones? The list of how you can injure yourself on the streets is huge, and if this has happened to you then read on to see if you could potentially qualify for a claim for personal injury compensation.
Here at The Injury Lawyers you could pursue a claim for personal injury if you have been the unfortunate victim of a slip, trip or fall accident on the street. The Highways Act 1980 puts a duty on the council to provide care to the public by ensuring the Highway is reasonably maintained. The Highway Act 1980 also outlines a “special defence” covering the authority when a claim is made.
What to do…
It is important to retain as much information as possible in order for your claim to be potentially successful. Therefore taking photographs of the area where the accident happened and obtaining witnesses could add value to your case.
Important factors to consider!
The place in which the defect occurred : If the defect was not in an area which formed part of the highway then it would not fall under the Act.
Did the accident take place on a central road or country road? This is relevant as it is likely a main road would be checked more frequently than a country road. If your accident takes place on a public main road you may have a better chance at making a claim.
How long had the paving been raised or the paving stones had been missing? This is important as if the defect had been there a lengthy period of time and the council would have had the opportunity to correct the defect, you may have a claim.
Was a sign placed near to the area where the defect occurred? This is important as it may be deemed the council has taken the necessary steps to prevent your accident from occurring limiting liability.
Had the Highway authority already been contacted regarding the defect? If the authority had been contacted and have failed to correct the defect then liability may be established.
The extent of the injury suffered : Did you break a bone or suffer soft damage tissue? Were you out of work and suffered loss of earnings? These are all important details of your claim which can be discussed with the Injury Lawyers team.
If you have been unfortunate to suffer an injury such as the above and would like to put in a claim then contact us now at Injury Lawyers. We have an expert team who can offer a no win no fee agreement and guide you efficiently through every step of your claim.
