News1 min ago
Personal Injury
I recently had an accident involving a badly sloping paving stone. My ankle is broken. I know that the local council are responsible for the maintenance of the pavement. What do I need to do to make a claim?
I haven't rushed into this and am reluctant to take this path (no pun intended) but I will be off work for at least 6 weeks.
I haven't rushed into this and am reluctant to take this path (no pun intended) but I will be off work for at least 6 weeks.
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For more on marking an answer as the "Best Answer", please visit our FAQ.Cheaper to make use of your local Citizens Advice Bureau or local Law Centre, who will act on your behalf (free of charge) and who are independent of the council. I would presume you have witnesses to the incident of your falling, or, if not, is there cctv footage ? You will also need medical evidence from the hospital Casualty Department where you were treated as to the nature of your injury.
Was there anything wrong with the path - was it badly maintained, cracked, broken?
You will only be successful if you can prove the council has been negligent in its duty to maintain the footpath. If the council can say they had inspected it in the weeks before your accident and it was in good condition and nobody had reported a broken slab, then they have not been negligent.
The courts state that it is reasonable to expect a walker to watch where he or is she going and take reasonable care of their own safety.
You will only be successful if you can prove the council has been negligent in its duty to maintain the footpath. If the council can say they had inspected it in the weeks before your accident and it was in good condition and nobody had reported a broken slab, then they have not been negligent.
The courts state that it is reasonable to expect a walker to watch where he or is she going and take reasonable care of their own safety.
Many thanks for all your advice. I have checked with my insurance company and it seems that I have personal injury insurance as part of my package. I know CAB can't help as I'm a trustee on the board of the local bureau.
Mr thug has taken a photo today and I must say I am shocked at the difference in height on the paving stone. No wonder my ankle gave way. I'll get a note from the fracture clinic when I return in a few weeks time.
Mr thug has taken a photo today and I must say I am shocked at the difference in height on the paving stone. No wonder my ankle gave way. I'll get a note from the fracture clinic when I return in a few weeks time.
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