To give you the insight as to whether you have a potentially winning claim if this has happened to you, I need to explain in brief how the law works:
The Highways Act 1980 puts a duty on local councils and highways authorities to take all reasonable steps to prevent a defect on the highway becoming a hazard. So to do this, they must employ a system of inspection and maintenance to review roads and paths for defects that have formed. These can be potholes, broken kerbs, or anything that could cause a tripping hazard.
A reasonable system of inspection should take in to account how busy the area is. So a city centre road may be inspected every one to three months, and a country road could be every 12 months. So if they can prove that they have a system that is reasonable, they’ve kept to it, and that the defect that caused your injury must have arisen in between inspection periods, they can very easily defend your claim.
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