In line with Government guidelines for safe working during the COVID pandemic, access to our office is strictly by a pre-arranged appointment only, and only where absolutely necessary. We are open for business with some staff working in the office and others from home, they can still be contacted in the usual way either by telephone or email.
In respect of your pre-arranged appointment, if you develop symptoms of COVID, or have in the last 14 days come into contact with someone with COVID or symptoms of, we ask that you contact the office by telephone/email to arrange a new appointment or discuss if there is an appropriate alternative to your meeting.
The safety of our staff and clients is of paramount importance to us and so thank you for your continued co-operation during these unprecedented times.
I have tripped over an uneven paving slab and fallen onto my left side hurting my hip. Can I make a claim?
Under Section 41 Highways Act 1980 your local council have a duty to maintain the highways and keep them safe from any hazards that may cause a member of the public to trip or fall. This duty extends to pedestrians, motorists, cyclists and horse riders.
What constitutes a ‘defect’?
‘Defects’ include raised or cracked paving stones, pot holes, snow and ice and broken drainage grids.
What do I have to prove in order to bring a claim?
You need to prove that the highway was not safe for users and that the accident was caused by the dangerous condition of the highway.
What is a public highway?
It is a highway over which every member of the public has a free right of passage. It includes public streets, roads, pavements, footpaths, walkways, cycle tracks and bridleways.
What is classed as ‘dangerous’?
When deciding whether something is dangerous, one must consider the size, position and nature of the defect. As a general rule, defects have to measure an inch or more in height or depth.
Does the council have a defence?
Under Section 58 Highways Act 1980, the council can defend a claim if they can prove that they received no prior complaints and carried out reasonable inspections of the highway. The council usually keep records of their inspections and complaints and would rely on these in support of their defence.
What if I was partly to blame?
You can still bring a claim, but your compensation may be reduced.
What should I do after my accident?
Should I report my accident to the council?
Although it is important that repair work is carried out, it is also imperative that proper evidence of the defect is obtained before repairs are carried out. We recommend that you seek legal advice before you contact the council.