Tripping cases that happen on public footpaths, or the highway, are most certainly not the easiest of personal injury claims to win. Public footpaths and roads that are maintained at public expense are usually maintained by the local authority.
If you are unsure, simply telephone your local authority and ask them – they have to tell you. And by the way, if you want to inspect the local authority’s maps, showing whether they maintain the road/footpath, you can. Again, just call in and check it for yourself. It’s public information – don’t let them put off.
Do be careful though, some personal injury claimants tip, fall and injure themselves on carriageways that are not adopted and are not the responsibility of the local authority.
If this is the case, it’s worth contacting the Land Registry (www.landregisteronline.gov.uk). If it turns out to be unregistered, then frankly you really are up against it. If the area where the fall happened is privately owned, then the Occupier’s Liability Acts 1957 and 1984 will apply. Read my article ‘Occupier’s Liability, What on Earth Does it Mean?’
If you trip and injure yourself due to a defect such as a pothole, then you need to know that on a footpath, the depth (or height for that matter) needs to be 25mm (or more) and on a carriageway, the depth needs to be 40mm or more.
An important point to bear in mind is this – if you tripped or mis-footed in a pothole, say 3 months ago and the pothole measured only just one 25mm (footpath) and 40mm (carriageway), then it will unlikely have been deep enough 3 months ago. Potholes get bigger with the passage of time – not smaller. A judge will apply this test – ‘Was the defect a hazard’, how s/he works that out is one of life’s great mysteries, believe me!
Look out for my next article ‘No Win – No Fee, is it True? (er, only sometimes)’. If you’ve suffered personal injury and want to claim personal injury compensation, visit my website, www.daisychaincompensationclaim.co.uk.
Article Source: http://www.compensationsecrets.co.uk/