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This article was published on February 15th, 2017
A man has been successful in his claim for Highway Trip compensation after he damaged his ankle in a pothole whilst out jogging. His foot stepped in to the deep pothole and he fell awkwardly, injuring his ankle and leaving him unable to stand or walk for 10 days.
The injured man contacted his local Borough Council to complain about the road surface but they denied any negligence. He then decided to pursue a case for Highway trip compensation and it was during the case that the Court heard how the Council had received a call about deep potholes on the previous day and it was logged with the council’s Highways inspectors at 4.20pm. No action was taken until 3 days later when it was inspected, by which time it was too late and the incident had already occurred.
The judge who presided over the case stated that he felt the Council’s system for checking on dangerous potholes was flawed. Potentially serious defects were not being assessed quickly enough if they were reported by the general public. Priority cases of Highway potholes where only given to those which were reported by the emergency services.
The Council appealed the Courts decision that they were negligent and in breach of duty which had led tothe man’s injury. The Court of Appeal agreed with the original Judge’s findings and dismissed the council’s appeal and the jogger is now set to receive Highway trip compensation from the Council.
A highway is the collective term used to describe roads and pavements and Local Authorities have obligations under the Highways Act to carry out regular assessments and repairs of roads and pavements to ensure they are safe and fit for purpose. In most cases a ‘dangerous’ pothole on a pavement is more than 1 inch or 26mm deep or more than 40mm on a road surface.
If a Local Authority has not taken reasonable steps to initiate assessments and repairs for ‘dangerous’ potholes or other surface damage to highways and someone is injured as a result, then the Council could be deemed negligent in breach of its duty of care.
If you are involved in an accident either as a pedestrian, cyclist or motorcyclist as a result of ‘dangerous’ road conditions such as deep potholes in the road or pavement, then contact our specialist slip and trip solicitors now.
Slip and trip accidents can occur anywhere from the workplace, schools, hospitals or playgrounds to sports centres, restaurants, pavements or roads(public and private). Examples of ‘slip and trip’ injury claims and compensation successfully pursued by Thorneycroft personal injury solicitors include:
We offer a free initial interview in order to review your specific circumstances and assess the viability of your slip or trip personal injury claim.
To speak to one of our specialist team call us now on FREEPHONE 0800 1979 345, or complete our simple enquiry form and we can call you back at a time to suit you.
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