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Highway Trip Slip Compensation Claim: How to show the council is responsible to pay you compensation for your trip slip accident
Highway trip slip compensation claim: discover how to succeed in your highway trip slip compensation claim and how to defeat the council's defence that it had in place a proper system of inspection.
What do you need to consider to decide if you will be successful with highway trip slip compensation claim?
The considerations that will have to be taken into account to decide if you will be successful in your highway trip slip compensation claim are:
Highway trip slip compensation claim
1. The size of the defect
The larger the defect the more likely you are to succeed with your claim, but remember there is no exact rule as to how large a defect should be.
Imagine you tripped on a raised paving stone. If the stone was raised by two inches it is easy to appreciate that a pedestrian could trip, but not so easy to appreciate if it was only raised by half a inch.
2. The type of pedestrians that are likely to use the pavement
For example, a raised paving stone in front of a home for the elderly is likely to be considered more dangerous than a normal domestic street. The elderly are more vulnerable and less likely to see a raised paving stone and more likely to drag their feet.
It may be that a court would feel that a small defect of even half an inch would be dangerous if located in front of such a home.
3. Any council work done on the area in the past
If a defect with the highway was actually caused by the council itself due to sub standard works - it is likely the council will be held responsible even if the defect was very small.
The courts understand that councils do not have unlimited funds to remedy all small defects with the pavement caused over time due to wear and tear, but the courts are not likely to have sympathy for a defect, however small, which is actively caused by the council's poor workmanship.
4. Previous complaints made by members of the public concerning the same defect
The council must keep a record of complaints made by members of the public concerning defects with the highway. If many complaints had previously been made about the defect that caused your accident it is likely your claim will be successful as the council will have been made aware of the danger, but failed to act to make it safe.
Does the council have a legal defence to your highway trip slip compensation claim?
Unfortunately, the answer to this question is, "yes."
If the council can prove that it had in place a satisfactory system of inspection of the highways under its control and a record of regular inspections made, including the area where your accident happened, then it has a legal defence.
As part of your claim you have the right to see the council's documents.
The council must keep records of its system of inspection and all inspections made of the highways under its control.
The courts appreciate that a council does not have unlimited money to inspect the highway every few weeks so as a general rule a council will inspect the highway every 4 - 6 months.
Can the council's legal defence be overcome?
"Yes" - I have had many trip claims that were defended by the council, but I still managed to obtain compensation for my client by showing:
1. The council's records were inaccurate
On one occasion the council had actually noted a defect, but underestimated its size. A council will often complete its inspection in a "drive by" - whereby the council representatives looks at the highway whilst being driven in a car. Clearly mistakes can be made.
2. Witness evidence
Local people are often very familiar with the roads and pavements close to their home. I have won claims when the council's records had shown inspections were made and no defects existed, but on taking statements from local people I could prove that the defects had existed prior to and following the council's inspection.
Most trip slip or fall claims are defended by the council so I recommend that you use a specialist lawyer to make your claim.
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You have found out how to succeed in your highway trip slip compensation claim, the legal defences the council may have to your claim and how to overcome these defences.
Unfortunately a trip, slip or fall can cause significant personal injury - I recommend you:
Click highway trip slip personal injury compensation claim to find out how much compensation you can expect to receive for a highway trip slip compensation claim.