Can You Hold Your Local Council Responsible for Your Injuries Caused by Loose Paving Stones?
Walking is a daily routine for everyone, but it could be hazardous if the roads or pavements are not properly maintained. Potholes, uneven surfaces and loose stones can cause serious injuries to pedestrians. So, who's responsible for your safety on public roads and pavements? More specifically, can you hold your local council responsible if you trip on a loose paving stone and suffer an injury?
The Responsibility of the Council
Local councils have a legal duty to maintain the public pavements and highways, ensuring they are safe for users. This duty extends to repairing any defects or hazards that may arise, such as a loose paving stone, damaged kerbs or potholes. If they fail in this duty, and you suffer an injury as a result of their negligence, you may be able to claim compensation for your injuries.
It's worth noting that councils are not automatically held responsible for any accidents that occur on their pavements. You'll need to show that the council had ample time to recognise the danger and address any potential dangers of the paving stones while neglecting to do so due to a lack of proper care and maintenance.
What Do You Need to Do to Prove Negligence?
To prove negligence, you'll need to show that the council either knew or ought to have known about the hazard on the pavement when they did not fix it. Typically, this might involve showing they were long aware of the defect but nonetheless did not take the necessary steps to address it. If you can prove that the council did indeed know about the danger and yet neglected to fix it, you might have a strong case against them.
What You Should Do to Gather Evidence
If you fall over a loose paving stone and get hurt, you should immediately take pictures of the pavement and report the incident to the council. Speak to anyone around who witnessed the event as soon as possible, and make a note of their details. Also, make a note of the exact location of the hazard that caused you to fall, the time and date of the accident, and the injuries you suffered.
Why You May Need Help
After receiving medical attention, consult a personal injury attorney with expertise in local council liability law. They will help you evaluate your case, gather evidence, and explore your options. Unless you're an experienced solicitor, a professional attorney is likely to know the process of filing a claim and ensure that you have the best chance of receiving compensation.
What You Should Do Next
If you have tripped over any uneven paving stones, it's critical to take pictures of the pavement and contact a solicitor right away. They can advise you whether you have a case, help you gather evidence, and pursue your legal rights.
Contact local lawyers to learn more.
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