I tripped on the public footpath, can I make a claim?
If you have suffered an injury as a result of a defect on the footpath or road you may be entitled to make a claim for compensation from the local highway authority. At Macks we have an in house former Local Authority Highways Inspector on hand to advise on and assist in investigating your potential claim. The strength in depth of our legal team means we have a high success rate in pursuing claims involving poor highway conditions and design.
If your accident occurred in a public building, it’s grounds or on privately owned land please see our Slips & Trips page.
There is not an automatic right to compensation if you trip on a defect as the council will not be held legally liable for every pothole, sunken paving stone or raised area. The law states that the council must operate a reasonable system of inspection and maintenance. For example, if the council were not aware of a defect which had arose in-between routine inspections then the council’s insurers would be able to defend your claim.
If the defect which caused your accident had already been reported to the council or picked up during an inspection, then failed to be repaired, the insurers are likely to accept responsibility as we would be able to prove that the system of inspection and maintenance had not been successful.
We have the in house experience and expertise to deal with all types of tripping claims. We have a solid history of success in dealing with the complex legal issues often associated with this type of claim.
What should I do after my tripping accident?
Taking the following steps will often assist with your claim but failure to do so will not prevent your case from being successful. For advice tailored to your accident circumstances please contact our team directly.
It is essential in this type of case that you take photographs of the defect which caused you to fall. We require close up photographs of the defect as well as longer distance shots which include the surrounding area. We will also require measurements of the dimensions of the defect. If you can use a ruler or tape measure in the photographs this is also helpful.
The photographs which you obtain immediately after the accident, along with accurate measurements will often form the most important evidence in proving your claim. The size of the defect is an important factor in determining whether the defect will be considered as ‘dangerous’ in the eyes of the law.
Obtain details of witnesses
If your fall was witnessed, it is important that you obtain contact details for the witness so that we can contact them to obtain a statement in support of your claim. It is also helpful if you can obtain contact details of any people who live or work near to the accident location who may be able to comment on the defect, how long it has been present and when it was repaired (if the council have taken steps to make the area safe). If the council deny liability for the accident the evidence of witnesses who have information about the presence of the defect before your accident occurred will be extremely important.
Seek medical attention
If you have sustained injuries as a result of your accident it is important that you seek medical treatment from your GP or local hospital/walk in centre. Ensure that you clearly and accurately describe how your accident occurred to the medical professionals as we may need to obtain copies of your medical records to assist in proving your claim.
Obtain advice from a specialist solicitor
With knowledge and expertise in pursuing highway tripping claims our lawyers will secure you the maximum compensation on your behalf. Our lawyers have dealt with many of the complex legal issues associated with highway tripping claims over the years. We also have an in-house former Local Authority Highways Inspector on hand to advise and report on your case. We will provide you with the best legal advice to secure you the maximum compensation.
Contact our specialist team for no obligation advice on your claim on 0800 980 9390 or use our online contact form below. All claims are dealt with on a No Win, No Fee basis so you do not have to worry about any financial implications.