Surprisingly, we have taken on several claims where people have tripped due to a stub from a recently removed fence being left in the ground. It seems mad – a stub, even at a low height of a couple of inches or so, is an obvious tripping danger. Yet we have represented victims for claims against the council when fences and railings have been removed as well as represented people for falls on private land.
Here is some information about your rights when it comes to making a claim for personal injury compensation if this has happened to you.
It’s all circumstantial…
It is, as is normally the case, all circumstantial. But that being said, if the circumstances are that a fence, rail, guard, or something else has been removed or altered and a stub is left, you should have a very good chance at winning a claim for personal injury compensation.
Leaving such a danger is a clear breach of health and safety law – whether it’s in the street or on private land, like a car park for example. Don’t get me wrong – if the area is made properly safe, such as by cordoning it off if a stub can’t be removed there and then, then this can be seen as taking reasonable steps and may mean they are not liable for an accident. But if a stub is just left there, you should have a successful claim.
Who is to blame?
This can be hard to identify right from the start, as it could have been a contractor or third party working on behalf of someone that left the hazard. Normally we’ll go after whoever is in control of the land as they have the overall responsibility, and the blame can still fall on them if they instructed someone to work on their behalf. If an employee ignored their own company health and safety procedure in leaving the stub, their employer is still ‘vicariously liable’ meaning they still must pay you.
So they can’t use the excuse ‘our employee ignored the rules’ to try and get out of compensating you!
What to do
Of course, you should seek medical advice first and foremost as your wellbeing is always the priority. Taking photos of the defect is very helpful, and it’s also more helpful to include measurements on them using a ruler or something to show the height of the stub.
Please also have some kind of sketch plan or Google Map with an indication of the location pinpointed, because the other side will likely refuse to investigate the claim unless we have this.
Speak to us before calling anyone else so we can safeguard your position – we’re an actual law firm, and not some claims management company or accident advice service; that means our advice is real legal advice, and you won’t get passed around to anyone else as we actually would represent you for the claim if you wanted us to do so.
Call us on 0800 634 75 75 for free and friendly no obligation advice.
