Around the colder months of the year we see an increase in people making injury claims involving potholes. The reason for this is simple – potholes are commonly formed when water seeps in to cracks in the surface of roads and paths. Freezing conditions allow the cracks on the ground to expand and grow into what we know as a pothole.
So what happens if you’re walking along and you catch your foot on a pothole? Whether you fall or not, if you are injured due to stumbling or hitting the ground, or perhaps through twisting a part of your body, here is what you need to know about claiming for pothole compensation.
Can You Claim?
If the pothole is deemed to be dangerous enough for intervention, you may be able to start a case. This is somewhat of a grey area, but the generally accepted rule is that the depth has to be of at least an inch or more in measurement. Photos that clearly show measurements with a ruler are therefore essential for solicitors to best assess a claim.
Will You Win?
Winning your pothole claim all depends on whether the authority responsible have maintained a system of reasonable inspection and maintenance. Section 58 of the Highways Act 1980 demands that a local authority have a system to reasonably inspect and maintain highways under their jurisdiction.
A busy high street in a city centre may be inspected every one to three months if the area is particularly busy with traffic. A country road may only be inspected every 12 months.
What this means is that you must prove that the area was not reasonably inspected. If the council have inspected the area and this indicates that your pothole may have formed between inspection periods, they can very easily defend the claim with a special defence they have. If you fell today, and the last inspection was December 1st in an area that is inspected every six months, they’ll probably defend the claim.
As such, it is not easy to win a claim for pothole compensation.
What Can You Do?
To give yourself the best shot at winning a claim, take photos as suggested earlier, and contact our team here at The Injury Lawyers as there are steps we can take to see if there is any evidence that might prove you actually do have a claim if their inspection system is not as good in reality as it appears on paper. We offer a full No Win, No Fee service and our clients receive 100% compensation for these types of claims! So, you have nothing to lose by getting in touch.
