The defect in the pavement
Gemma Radford was walking along Preston Avenue in Alfreton when she lost her footing in a defect (pothole) in the tarmac on the pavement and fell, injuring her left foot. Gemma took photographs of the pavement pothole.
Council denies liability
Gemma thought that the pothole represented a danger to users of the pavement and so she contacted the Derbyshire County Council, who are responsible for maintenance of the pavements, to complain. The council claimed that its system of inspection and maintenance absolved it of any liability for the accident. It said that it had inspected the pavement 3 months prior to Gemma’s accident and that the defect in the tarmac was not there at that time – inferring, therefore, that it had developed since inspection.
Tracey pursues council for compensation
Contacting Graysons personal injury experts, Gemma decided to take the matter further, and Tracey took up her case. She claimed that the council had breached its statutory duty to maintain the pavement and that, given the state of the pothole when Gemma fell, it must have existed in an actionable state when it was inspected almost 3 months prior to the accident. Tracey argued that merely undertaking an inspection did not absolve the council of its responsibility as it had to demonstrate that it had taken proper care to ensure that the defect was not a hazard.
Tracey Dickinson
Seeking advice from counsel and medical evidence, Tracey pursued the case and issued court proceedings. At this stage, the council decided to offer to settle the case for £3,000, but Tracey did not think it was enough for the ankle injury and was able to negotiate a final settlement of £4,000. Gemma was delighted with the result.
If you have had an accident on a public footpath or highway and want to know if you can claim compensation, contact our experts now. We will discuss your case with you and let you know if we are able to pursue it.
You can find out more about accidents on public footpaths and highways on our website.
