One of the most common causes of an accident is the state and condition of our pavements and roadways. If you trip on the highway or stumble in a pothole you can in certain circumstances claim compensation. I have dealt with vast numbers of these cases over the years and can identify whether you will win or lose a case very quickly. Injuries from these accidents can be serious.
Broken limbs and serious head injuries are not uncommon. I have particular experience in dealing with elderly clients who sadly do fall as a result of tripping on defects in the pavement. If you would like help in this area then please contact Matthew Winder on 0800 919 231 or at mw@clarksonhirst.com.
“My top tip is to ensure that you photograph the defect that caused the accident before the Council repair it. The Council will repair a defect soon after you have reported it. Please contact me straight away and I can arrange for a specialist photographer to arrange to measure and record the evidence which is essential to the success of your case.”
The client stepped on a defective manhole cover and the manhole collapsed and she fell down the manhole suffering a severe injury to her knee. The claim was presented to Barrow Borough Council who admitted breach of the Highways Act 1980. The care on Highways Authorities such as Barrow Borough Council to properly maintain the highway institute an effective system of inspecting the highway and repairing the highway. Whilst this is not relevant in this case I do come across cases where the organisation responsible for the manhole is actually the utility company who used the manhole to gain access to their pipe. This is one of those rare cases where two organisations can be responsible for paying damages. They have no liability to pay two amounts of damages but they are jointly liable to pay damages to the Claimant. The Highways Authority is still liable even if the responsibility for maintenance of the manhole is ultimately with the utility company. The Highways Authority cannot subcontract its statutory duty to a utility company. The damages for £50,000 were paid in this case.
Matthew Winder is a senior litigated member of the Association of Personal Injury Lawyers and has an extensive case load and past experience in dealing with claims against Highways Authorities, particularly in the Lancaster, Kendal and Barrow In Furness regions. Commonly accidents are caused by defective pavements but claims against Highways Authorities can arise through defective manhole covers, defective signs, sudden change in levels on the Highway, defects in the road caused by roadwork’s, injuries caused to cyclists due to potholes in the road.
