CAN I CLAIM?

ACCIDENTS IN THE STREET

"Trips, slips, potholes and Pavements"

Many times per day, up and down the country, people fall over hazards in the street or in stores.  Often the injuries sustained are no more than injured pride - let's face it, when we fall over in a public place our first reaction is to try to get up immediately - it's embarrassing! 

Unfortunately however, people are often more seriously injured - and the injuries range from minor cuts / bruises right up to being fatally injured or even killed by a seemingly straightforward fall (thankfully this is rare)

It is important to point out that just because you trip up in the street or in a car park, this does not automatically mean that you will succeed in a claim for injuries, compensation or damages against the local highway authority (or the owner of the property if its not the local authority).

Generally the roads and pavements around the UK are maintained by your local highways authority – part of your local council. 

They have a responsibility to ensure that the highways (both roads and pavements) are properly maintained in a reasonable condition.  In reality this means that they must have a system of regular inspection and maintenance in place if they are to avoid being liable for any accidents and injuries resulting from defects in the highways. 

So, for example, they are not liable as soon as a defect in the pavement occurs, but only if they fail to repair it within a reasonable time once it has been reported, or when it should have been discovered through a reasonable maintenance regime. 

Records must be kept of such maintenance and are available for inspection.

If injured in a tripping accident you should -

make a note of exactly where the incident occurred

·              take details of any witnesses to the incident

·              take a photograph of the defect that caused the incident, with something to show a scale – such as a ruler, a coin or an object of a fixed size, or make a plan of the accident site

·              as soon as reasonably practicable write down your version of how the incident occurred

·              get a doctor to examine you even if the injuries are relatively minor

·               if the injuries are visible (bruising, cuts etc) try to get a photograph for later use

·               keep details of any clothing, glasses etc damaged in the incident

Contact Brearleys to find out if the circumstances would entitle you to make a claim.  We are experts in claims of this type and will be immediately in a position to advise you of your chances and what we need to do upon your behalf.

Contact Joanne on 01924 443900 or email Joanneholdsworth@brearleyssolicitors.com 

The two photos are of a true accident of an unfortunate cyclist in a city in China which is part of the Xiang province.  We understand that he was not injured.