Missing grate covers can result in a lot of accidents and consequently a lot of injuries. Fortunately, in most cases you will be entitled to bring a claim for compensation for the injury you have suffered and any consequential losses arising from this. For example – if you suffer an injury such as a broken leg, you may not be able to work for a couple of months and therefore suffer a loss of earnings; this is something we would always strive to claim back for you.
Claims arising from missing grate covers may appear straightforward on the surface but unfortunately this isn’t particularly true, as they can be quite difficult. There are two areas where these accidents commonly occur; on somebody’s property or property within the jurisdiction of the local highways authority.
For claims on somebody’s property the governing legislation is normally the Occupier’s Liability Act 1957.
Under Section 2(2) this states the following…”The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there.”
As you can see, the occupier is under a duty to take reasonable care to ensure you are reasonably safe and therefore if they can show that they have done this (and reasonable is always dependent upon the individual circumstances) they may be able to defend your claim.
For claims arising from an accident that has occurred on council or highway authority land the Highways Act 1980 governs them and as above imposes a similar duty that the area they are responsible for is kept in good condition and safe for the public to use.
However, under this act is S58 which gives them a special defence and this is something that your solicitor may draw your attention to at the beginning of your claim.
It states… “In an action against a highway authority in respect of damage resulting from their failure to maintain a highway maintainable at the public expense it is a defence … to prove that the authority had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous for traffic.”
Therefore if the council can show they inspect the area regularly and on their last inspection the defect wasn’t there, they are likely to raise the above as a defence. Therefore if you have had an accident and sustained injuries arising from a defective grid contact us to discuss whether we can assist on a no win no fee basis.
