Public Liability claims
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Slipping or tripping in a public place - personal injury

Your Local Council through their Highways Department is responsible for keeping roads and pavements maintained and in a reasonable condition to reduce the risk of a trip and slip accidents.

When assessing liability, the important question is 'what is a reasonable condition'. This depends on a variety of factors including what type of use the pavement actually has and where this is located.
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A pavement being used by thousands of busy shoppers each day will need to be maintained more regularly and to a higher standard than a pavement in a quiet leafy suburb. A Council is required to have maintenance plans, which recognises these different usages.

Claims of this nature against a Council are very common, as pavements and roads are rarely kept to the standard the public would really like. However the Law recognises that Councils have insufficient resources to maintain their roads and pavements so that they are defect free. This means there are occasions when someone has suffered a trip and slip in a public place which is completely not his or her fault, but the Law provides a Council with a “Statutory Defence” if they can show that they have taken all reasonable steps to maintain their highways by, for example, the carrying out of regular inspections and repairs. In such a situation a claim will not be successful.
 

In order to claim compensation we obtain the council maintenance plans, and check that they have actually adhered to their inspection and repair programme. Very often the Council will say that they have a comprehensive system, however when challenged they have to concede that they have not complied with it.
 

It is therefore very important to obtain professional advice at the earliest possible opportunity to ensure that you preserve your legal right to compensation.
 

Here are some tips to assist you to help us bring a successful claim for you:

1) Write down exactly where the accident occurred.

2) Make a detailed written record of the location, for example that it happened outside the newsagents at number 21 Town Street, which is much more helpful than just indicating that the accident happened on Town Street.

3) Take details of anyone who witnessed the accident. Even if you did not get the details at the time, go back to the location of the accident and ask the local shopkeepers. Very often they will say something like, “Mrs Smith mentioned to me she saw someone trip, that must have been you. When she is next in the shop I will give her your details”. Do not try to interview any potential witnesses which should be left up to your solicitor.

4) Even if your injuries are minor go to your doctor to get them noted on your medical records. Without independent verification you were injured it is extremely difficult to obtain compensation.
 

5) Write down what happened straight away. People’s memories tend to fade with time.

6) Write it down whilst it ‘s still fresh in your mind.
 

7) It is also very helpful to take a photograph of the defect that caused the accident. Photographs should show the general location of the accident site, and also close detail of the defect. It is much better if you can use a ruler, coin or other object known to be of a specific size to show the size of the defect.
 

8) Do not forget if you have cuts or bruising take a photograph of them.

9) Report the defect and accident to your Local Council. You do not want someone else to suffer the same fate as you.

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Road Accidents

If you have suffered road crash injuries we can help you with our no nonsense claims service. more info

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Accidents in the workplace

If you are one of the thousands of people injured at work each year you should consider making a claim.   more info

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Whiplash injuries

Our specialists team can help you claim compensation and rehabilitate from a whiplash related injury. more info

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Trip slip or fall accidents

If you have fallen on the street, in a shop or other public place and suffered personal injury you may be able to claim compensation. more info

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Useful legal links

NHS Direct

British Chropractic Association

Chartered Society of Physiotherapists