Slip, Trip and Fall claims against local authorities have gained a bad reputation in recent years, largely due to the number of fraudulent injury claims being made. Councils used to simply pay out compensation, as it was thought to be cheaper than investigating accident claims. However the number and high costs of these claims has led councils to re-think this policy and they’ll now defend the majority of claims brought against them in order to protect public funds.
Following a claim being made it’s likely that a Local Council will seek permission from the claimant to access their medical records, and when appropriate, they will liaise with the police - which could lead to a prosecution if the claim is found to be fraudulent. They may also use the information supplied with the claim to prevent and detect fraud. As well as sharing the information, for the same purposes, with other organisations who handle public funds.
As with any personal injury claim, slip, trip and fall claims must be genuine. If someone were to make claim against the council that was false, they could incur a fine of up to £3,000.
That said, if someone has suffered a genuine slip, trip or fall injury as a result of the councils negligence, then they are entitled to make a personal injury claim to help compensate for any suffering and financial loss. Also, highlighting the issue should ensure the council fix the problem to prevent further accidents.
Councils can be notoriously difficult defendants to deal with, but as public money is at stake and budget cuts are rife, there’s probably good reason. The responsibility is therefore on lawyers to ensure they have confidence in the evidence to prove that the council was in some way negligent or in breach of its statutory duty.
Councils, as a Highway Authority, have a duty to 'maintain' the highway (set out in Section 41 of the Highways Act 1980). The law sets out what is meant by maintenance and some things are excluded - for example, it does not include keeping a road free of mud. Highways authorities will often seek to avoid liability by relying upon their statutory defence under Section 58 of the Highways Act. They are able to rely on a Section 58 Defence if they can demonstrate that they had in place an adequate system of inspection and maintenance. The burden of proving an adequate inspection regime rests with the highway authority.
If you suffer an injury due to a slip, trip or fall on council owned property and believe an uneven surface was responsible, you’ll need evidence that:
• Any pothole present was an inch deep or more
• Any uneven paving stone was sticking up by an inch or more
What to do if you Slip, Trip or Fall on Council Owned Property
- Take photographs of the area where the accident happened. In cases involving badly maintained pavements or potholes, it’s a good idea to put a ruler (or coin if you don’t have a ruler handy!) beside the defect when you photograph it to give an idea of depth / height.
- Take names and addresses of any witnesses to the accident
- Check with nearby residents or shop keepers if they were aware of any complaints being made about the pavement/road (it may be possible to defeat any statutory defence raised by the highway authority if previous complaints had been made to the Council).
- Visit your GP (or A&E depending on severity of injury).
- Check the CTC's "fill that hole" website to see if there have been any previous complaints about the pothole.
- If you are intending to claim medical & travel expenses as part of your slip, trip or fall claim, remember to keep the receipts.
We Can Help
If you, a friend or a member of your family, have suffered a personal injury or illness as a result of a slip, trip or fall then you may be entitled to make a personal injury compensation claim. Our friendly specialist advisors can talk to you about your situation and see if you have a valid compensation claim. There is no charge for this service and you are under no obligation to claim with us.
If you Have a Genuine Claim, Contact a Genuine Company
May I Claim, is a trading name of R Costings Limited and our CRM number is 25770
If you’ve had an accident that wasn’t your fault and suffered an injury - you can trust us to handle your claim professionally.
Call us now on 0800 756 7774 and talk to us to find out if you have a claim - or fill in our Quick Claim form (on the right of this page).
http://info.mayiclaim.co.uk/personal_injury_compensation_claim_news/bid/319428/What-to-do-if-Injured-From-a-Slip-Trip-or-Fall-on-Council-Property
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