Damaged ankle for woman who trips on public pathway
Ms F was walking from her home to meet a friend, along a path that crosses a public park/common grassed area in Mexborough at around 8.30 in the evening. It was dark and there were no street lights close by. She took a couple of steps along the path when her right foot suddenly twisted awkwardly underneath her. She lost her balance and fell forward, fortunately managing to keep on her feet. However, she couldn’t place any weight at all onto her right foot/leg, so she abandoned her plan to meet her friend and managed to hobble and limp back home.
The following day, her ankle was badly swollen and she attended the Montague Hospital in Mexborough, where her ankle was x-rayed and she was diagnosed with a soft tissue/ligamentous injury to her right ankle. She suffered pain for some time and had to undergo physiotherapy.
Ms F contacted Graysons to see if she could make a claim against Doncaster Metropolitan Borough Council (DMBC).
Graysons claims against DMBC for failure to maintain public pathway
Graysons discovered that the path was is a poor state of repair in general, with grass overgrowing it and with several pot holes. The first 4 metres or so had a stony/rocky surface that was uneven, followed by a deep ridge where the tarmac started – around 9 centimetres higher than the stony surface. This is where Ms F tripped. The path was not lit at all and the nearest streetlamp to where Ms F tripped was about 15 metres away. Graysons contacted DMBC claiming that it had exposed Ms F to a risk of injury due to its failure to maintain the path.
DMBC accepted responsibility for the accident and Graysons negotiated a settlement of just under £4,500.
If you have had an accident on a public footpath or highway, and you feel that it was not your fault, contact one of our personal injury experts who will look at your case and let you know if you have a claim.
You can also find out more about making a claim for an accident on a public footpath or highway on our web pages.
