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 solicitor describes how to succeed in a claim for compensation due to injury caused by a defect with the highway (such as a pavement or road), how to defeat the council’s defence that it had in place a proper system of inspection and how to access specialist solicitor online help free of charge.
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:
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” – highway trip slip compensation claims are often defended by the council, but despite this compensation can be obtained by showing:
1. The council’s records were inaccurate
The council may have records of 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.
When the council is first notified of your highway trip slip compensation claim – evidence may be produced to show inspections were made and no defects existed.
However, by taking statements from local people it can be proved that the defect that caused your accident was in existence prior to and following the council’s inspection.
Free specialist highway accident solicitor free online help
Most highway trip slip or fall compensation claims are defended by the council, so we recommend that you use a specialist lawyer to make your claim.
We offer specialist solicitor free online / telephone help options – you can discuss your accident, have your claim assessed, ask a question or arrange for a solicitor callback.
Highway trip slip compensation claim summary & next steps
You have found out how to succeed in your highway trip slip compensation claim, the legal defences the council may have to your claim with ways to overcome these defences, how to use our specialist solicitor free online help
Unfortunately – a trip, slip or fall can cause significant personal injury.
See our slip trip personal injury payout calculator to find out how much compensation you can expect to receive for typical injuries in a highway trip slip compensation claim. Alternatively, you can see our index of compensation amounts by body part.