If you have been injured on the public highway due to slipping or tripping accident Affordable Law for You can assist you to make a claim for personal injuries, loss or damage.
If you have had an accident on the public highway as a result of slipping or tripping on uneven pavements, holes in tarmac, uncovered manholes, damaged fencing or items falling from public buildings etc, then you must first establish who is responsible for the area where the incident occurred.
There are three main possibilities:
There are two causes of action when making a claim in these circumstances:
If you trip or slip in the street you will not automatically be entitled to compensation, each case is considered on its own merit.
There is a duty imposed upon the Highway Authorities under Section 41 of the Highways Act 1980 to ensure that Highways are in a reasonable condition. This duty is considered in respect of the character of the road i.e. The duty of care will be higher in a busy high street as opposed to a little used side road.
It will be necessary to prove that the Highway Authority was either negligent or breached their Statutory Duty in being aware of a defect and took no steps to repair or adequately warn highway users of such defect. It has been established in law that it is not necessary for the Highway Authorities to keep a highway in “bowling green” condition.
The Highway Authority do have a Defence under Section 58 of the Highways Act 1980 in that if they can prove that they took reasonable measures to ensure that the highways was in a state of good repair and was not dangerous to the reasonable person considering the character of the highway.
Each case will be considered on its own merit. If the accident was caused by a utility company and their contractors, you will be able to get details of which utility company or contractor is responsible from the Highway Authority as they have an obligation to maintain records of all contractors who have worked on the Highway and these records are available free of charge. If you have suffered an injury, as a result of tripping or slipping on the public highway.
Affordable Law for You can assist you by: