Metal pin on which Ms L tripped

Rotherham resident Ms L, who was 83 years old at the time of her accident, was walking along a footpath close to her home when she felt something catch her right foot and fell to the floor.  Upon inspection, there appeared to be a metal pin protruding from the ground.  It probably stuck up about ½ inch above the original level of the pavement, but was made worse due to the potholes and poor condition of the surface.

Paramedics attend lady after fall on Rotherham pavement

Ms L fell heavily to the floor and hit her head and face, which were bleeding a lot.  She was shaken, shocked and frightened and was helped by a man and woman who phoned for an ambulance and contacted the lady’s friend, who came to help.  Paramedics treated Ms L and took her to A & E, where she was given pain killers (she had also hurt her knee, ankle and neck), had and x-ray  and had steri-strips applied to her injuries.

Ms L was in pain for several weeks and needed treatment from district nurses and help from friends and family.  She hardly left the house, still in pain and conscious of her cuts and bruises. She has been left with a permanent scar on her face.

Rotherham council denies liability for fall on pavement

Uneven pavement in Rotherham

Ms L contacted Jonathan to see if she could claim compensation from Rotherham Council.  Jonathan took up her case and pursued the council, but it denied liability on the basis that there was no breach of the Highways Act 1980.  Jonathan took the case to court and it was heard in January 2016.

Judge awards compensation at appeal hearing

The council said the area where Miss L had fallen wasn’t dangerous and that it had repaired it as a gesture of goodwill.  Notably the council didn’t repair the two other adjacent patches of missing tarmac, inferring that the piece they had repaired was in fact dangerous.  The judge agreed and Miss L was awarded £2,500 compensation.  The council appealed the decision, however, and the case went to Sheffield County Court in August 2016.  The appeal was dismissed and Miss L won her compensation.

Jonathan West

Jonathan says: “Local authorities have a duty to take care of roads and pavements and make them safe for users.  If they don’t, they may be in breach of their duty and you might be able to claim compensation if you are injured to their negligence.”

If you have had an accident on a pubic highway or pavement, or any area that should be properly maintained and isn’t, contact our personal injury experts now to arrange a free of charge meeting in which we can discuss your case.

You can find out more about claiming personal injury compensation for these types of accidents on our web pages.