Uneven pavement that caused Jake’s injury
Blackburn resident, Jake Farrell was walking along Hamilton Street at around 11pm on a June evening. There were few street lights on at the time and it was quite dark.
Fall due to uneven pavement
All of a sudden he stumbled and fell, putting his hands out to try to break the fall. He got up from the floor and saw the uneven pavement where large area of tarmac had been removed around a lamppost and along the length of the pavement. It had been filled with gravel that dropped around 2 inches below the level of the surrounding tarmac. Not using this route often, Jake had not previously seen the works that had taken place and there were no signs indicating that a hazard was present.
Fall causes fractured thumb
Jake felt pain in his right hand as soon as he stood up. He went home and went to bed but was in pain all night. His hand had swollen considerably and so the following day Jake went to hospital, where x-rays confirmed that he had fractured the thumb on his right hand. The hospital fitted a pot that was removed after 4 or 5 weeks, but Jake continued to suffer pain for some time.
Jonathan pursues council for compensation
Jake contacted Graysons to see if he could claim compensation for his accident and Jonathan took up his case. Jonathan made his initial claim against the highway authority, Blackburn with Darwen Borough Council, but the council blamed, firstly, sub-contractors who had ceased trading and didn’t have insurance and then other sub-contractors and a main contractor. Both denied the claim, saying they were working further along the street and not at the accident site. After quite a bit of correspondence to all parties, and Electricity North West, Jonathan persuaded the council that it was liable and negotiated a settlement of £5,000. Jake was very happy with the result.
If you have been injured in a public place, you may be able to claim compensation. Find out more on our web pages, or contact one of our personal injury specialists for help.
