A slip and Trip in a Public place is usually against the highway Authority
Slip or Trip in a Public Place
The Highway Authority has a duty to perform regular inspections and repair any defects. The frequency of inspections depends upon the nature of the highway.
For example, if it is a busy road, or in the town centre and/or close to a School or a GP Surgery etc, inspections should be carried out more frequently than for a less busy road.
There are different types of defects that can affect you
A defect of Even inches on a road could be considered dangerous
Injuries can include fractures, immobility and More
If you hurt yourself by falling on a public footpath or road, you may be entitled to claim compensation.
It is essential to take photographs of the defect and the surrounding area as soon as you can. The photographs need to show exactly where the injury occurred.
If you stubbed your foot against a raised flagstone, you should also take measurements of the height of the defect.
The Highway Authority has a duty to inspect, maintain and repair public roads and footpaths (highways). It has a duty to keep them in a reasonably safe state.
For a claim to succeed, it must be shown that the highway was not reasonably safe because of a defect and that the accident was caused by a dangerous defect.
If the highway authority can show that it had carried out regular inspections and did repair defects promptly and that therefore, the defect may have arisen in between inspections and they were not notified , then they might have grounds to defend the claim.
However, if there are photographs and, for example, witness evidence from local residents, a defense to the claim can be questioned.
It may be that there is evidence of previous complaints and previous accidents and a failure on the part of the authority to take appropriate action.
Typically, a defect of an inch or more on a footpath might be considered as potentially dangerous.
Types of defects include:
- a raised flagstone
- a pothole
- a rocking or wobbling flagstone
- uneven curbs
- worn out stairs
- loose or dangerous hand railings
If there isn’t a “trip” height or depth to measure, then photographs showing measurements of the width of the defect and if possible, a video (if a fall was caused by a rocking flagstone) are essential.
Sometimes, an authority might admit that they breached their duty but still try to blame the person who fell. Typical arguments include that the claimant was not looking where they were going.
Even if a person is partly to blame, this does not mean that a claim shouldn’t be pursued, as you can still obtain compensation if you might have been partly to blame.
The claim would not be limited to compensation. You may sustain an injury that resulted in being unable to work, and therefore you might of suffered lost earnings because of it. You may end up struggling for a lengthy time.