I wish to make injury claims for falling on loose pavement – however the council says that they are not liable. Can this be correct?
Making injury claims for falling on loose pavement is possible, but only if a third party with a responsibility towards your health and safety is liable for your injury. When you are walking on the pavement, you should expect the path to be kept to a safe standard and free from the danger of suffering an accident after falling on a loose pavement, as you are entitled to a “duty of care” from those responsible for the path’s maintenance. Should you sustain a loose pavement fall injury, you may be entitled to claim compensation if it can be determined that this third party has been negligent in their duty of care. However determining who is liable for your falling on loose pavement compensation is not always straightforward, and for this reason a solicitor should first be consulted about making a claim.
Making injury claims for falling on loose pavement may be possible if the party responsible for the pavement’s maintenance has failed to perform their duty of care. This may be the scenario if – for instance – you tripped upon a pavement which had been broken for an unacceptable length of time without being repaired, resulting in your accident after falling on a loose pavement. If the third party had failed to cordon off the afflicted area with a safety barrier, you could be entitled to claim compensation against their insurance policy for a loose pavement fall injury because of their negligence. Because of their failure to provide a safe environment and their negligence in their duty of care, you could be entitled to claim falling on loose pavement compensation.
However there are some scenarios in which the council could be correct and they may not be the liable party for your injury claims for falling on loose pavement. For instance, if the pavement upon which you tripped belonged to a business – such as a supermarket – it may be against the business that you should seek compensation for an accident after falling on a loose pavement rather than the council. You should also be prepared for the possibility that you may not be liable for falling on loose pavement compensation because of your own negligence rather than that of a third party. This could be the situation if – for example – your loose pavement fall injury was sustained despite warning signs being established to warn you of the hazard.
Claiming falling on loose pavement compensation may still be possible if contributory negligence is a factor – however the amount of compensation you can claim for your loose pavement fall injury can be reduced to reflect your own carelessness and – if reduced too much – a claim may not be worth your while to pursue. It should also be noted that after an accident after falling on a loose pavement, liability is not always easy to determine and should only be assigned with the assistance of a personal injury solicitor. With the professional assistance of a solicitor, you can have your claim assessed and you can establish whether your injury claims for falling on loose pavement are worth pursuing.