Last updated on September 29th, 2016 at 06:50 pm

Trip on defective tarmac leads to injury

Mr C was on holiday with his family at a caravan park in Ingoldmels in Lincolnshire and was walking along the footpath opposite the Mayville Caravan Park when he caught his foot on the uneven tarmac – which was over an inch in depth – and lost his footing.  He fell to the ground and injured his shoulder and hip. It took Mr C over 6 months to recover from the injuries.

£3,000 compensation following trip on uneven tarmac

Mr C contacted Graysons to see if could claim compensation for his injuries, which he felt were sustained through no fault of his own.  Tracey Dickinson took up his case and contacted Lincolnshire County Council, who were responsible for the footpath.  Initially denying responsibility, the council inspected the defect but measured the wrong defect!  Tracey commenced court proceedings but the council eventually admitted responsibility before the case went to court and Tracey was able to negotiate a settlement of £3,000, which Mr C was delighted with.

Council negligent in upkeep of pathway

Under the Highways Act 1980, the Highway Authority (Linconshire County Council) is responsible for maintenance of the footpath. Not only did the council allow the path to become dangerous, it did not warn users with any signs, notices or barriers etc. and therefore allowed it to become a hazard to users which subsequently resulted in Mr C’s accident.

No legal help if Government imposes changes

In its autumn statement last year, the Government announced proposed changes to claiming personal injury compensation. The planned changes are to:

• Raise the small claims limit for personal injury claims from £1,000 to £5,000, which means that claims of less than £5,000 will be transferred to the small claims court and solicitor fees will not be recoverable – leaving some injured people with no legal help or support, and
• Remove the right to compensation for ‘minor’ soft tissue injuries (includes whiplash).

If these changes go ahead as planned, Tracey will not be able to help people like Mr C with his claim and he would have to make the claim in the Small Claims Court himself, with no legal knowledge or expertise.

Tracey Dickinson

We think that these changes are unfair and will restrict people’s right to proper redress if they have an accident or injury that is not their fault.

Graysons will continue to help victims of personal injury claims wherever possible so please do contact our specialist team now if you need help.

You can read more about claiming compensation for trips and slips and accidents on public footpaths and highways on our website.

If you have had an accident and want to find out if you can claim compensation, contact our personal injury experts now and arrange a free of charge meeting in which you can discuss your individual case.