Trip accident compensation claims

Welcome to the website of Boris Kremer, a UK personal injury solicitor.

If you would like to discuss making an accident compensation claim against the council following a pavement trip or slip, please either:

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Trip accident compensation claim overview

Since 1993 I have handled a number of pavement tripping claims, against a local council or local authority.

To win this type of claim, we have to jump through several hoops.

First, we have to prove that the land where the accident happened was "maintained at public expense".

Establishing the involvement of the local authority is not always straightforward. This is especially so in the case of private access roads.

Another complication is where utility firms, such as gas or water companies, have been working in the area.

If we can cross those hurdles, then the compensation claim against the council is advanced on the basis of an allegation of breach of the Highways Act 1980.

Faced with such a claim, the local council must then prove it had a suitable system for inspecting the pavement and undertaking repairs.

Realistically, many such claims fail, if the local council produces adequate documentary evidence.

Quite often, the solicitors acting for local councils try to blame the injured person.

In previous cases I have seen allegations of drunkenness, failure to wear spectacles and "failure to keep a lookout".

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Trip accident compensation claim - case study 1

The first case study concerns a trip accident claim from Leamington Spa, Warwickshire, outside some council flats.

Leading from the flats to the pavement was a concrete path. At the point where the path met the pavement, a large tree root had created a hazardous tripping point.

My client tripped and suffered a fractured ankle.

Literally a couple of days before the accident, my client had become self-employed. The accident severely disrupted his business for the first year of trading.

I advanced a trip accident claim against the council, Warwick District Council.

The local authority's solicitors tried to defend the claim. They alleged that the accident had taken place somewhere else.

Eventually, shortly before trial, the local council put forward compensation proposals that were accepted.

Unbelievably, two years after the accident, the footpath had still not been fixed.

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Trip accident compensation claim - case study 2

The next case is from the Kings Heath area of Birmingham.

In that case, the trip hazard was outside my client's house.

The hazard consisted of a protruding manhole cover. All round it, the pavement was broken.

On the face of it, the water company had installed an inspection box, so they could check the mains. But they had failed to rectify the pavement afterwards.

As can be seen from the photograph on the right, this resulted in a dangerously uneven section in the footpath.

My client tripped and suffered a fractured ankle injury. She required an operation to insert a plate and pins.

Following her discharge from hospital, my client was immobile for an extended period. This was awkward because she had 3 young children. Her mother and two sisters visited regularly to help around the house, until she had recovered.

I made an accident compensation claim, firstly against Birmingham City Council, and secondly against Severn Trent Water.

Both denied liability.

Accordingly I issued county court proceedings.

One firm of solicitors was appointed, to represent both defendants. Soon afterwards liability was admitted.

The litigation continued for a further period until sensible compensation was offered.

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Trip accident compensation claim - case study 3

Next we have a pavement trip accident that took place in Kingstanding, in the North Birmingham suburbs.

The trip accident was caused by a large manhole cover.

The manhole had been installed where it obstructed the pavement. No attempt had been made to make it flush with the surrounding paving slabs.

My client, who uses a walking stick, was going home in the dark.

He tripped over the manhole cover and fell onto the footpath. After that he managed to get himself up and then walk home.

Next morning he had severe back pain. He was unable to move. As a result, he summoned an ambulance, which transported him to the Good Hope Hospital for treatment.

I advanced an accident compensation claim against Birmingham City Council.

Unusually in a compensation claim against the council, the relevant loss adjusters made a swift admission of fault.

After that, compensation was negotiated without the need to issue proceedings.

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Trip accident compensation claim - case study 4

The next trip accident is from the Erdington area of North Birmingham.

A hole in the pavement caused the accident.

The hole resulted from an unguarded water mains access chamber in the middle of the pavement, where the lid was absent.

The resultant gap measured roughly 4 inches square.

When her accident happened, my client was walking along the footpath with some friends. They were returning to her home, from the pub.

She tripped and fell onto the pavement. Her ankle was hurting badly, so she went to Accident and Emergency, at Good Hope Hospital.

X-rays were taken, but the hospital failed at first to diagnose a fractured ankle.

I commissioned an independent orthopaedic opinion. Luckily the prognosis was for a complete recovery.

After that, I made an accident compensation claim against the council and also against Severn Trent Water. They agreed to compensate my client, and to share liability between them on a 50/50 basis.

Appropriate damages were agreed a short while afterwards.

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Tactics used by local authorities

As a rule, footpath trip claims tend to be contested.

Quite understandably, local authorities try to prevent the "floodgates" from opening.

Faced with a claim, the council will often allege:

• The land was private
• The claimant was inebriated
• In the case of elderly clients, alleging a failure to wear glasses
• Third party contractors were responsible
• The defect was caused suddenly, so had not been caught by the inspection system
• As the injured person lives close by, he/she should have been aware of the trip hazard
• The injured person "failed to look where he was going"

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The role of the solicitor

In this type of claim, the solicitor should:

• Obtain photographs early, before the evidence is destroyed
• Persuade the local council to give disclosure of inspection records
• Do a Land Registry search, if the local council denies ownership of the land
• Issue court proceedings if co-operation from the council is not forthcoming.

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Obtaining photographic evidence

Before anything else, it is vital to obtain photographs.

In some cases the accident is caused by a smooth dip or hollow, in a tarmac pavement.

On the right is a photograph showing how best to measure the defect. The case in question is one against Weymouth and Portland Borough Council, where liability was admitted.

Long-distance photographs are also helpful. These should show the hazard with reference to nearby landmarks, such as street names or house numbers.

Finally it is a good idea to include photographs taken from different directions.

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The final word

If you would like an initial free assessment of your potential trip accident compensation claim, please either: Thank you for visiting, Boris Kremer

UK pavement tripping injury claim legal advice.
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