Common Injuries

A Slip or Trip Incient or Accident can result in general bruises and/or grazes, but more serious injuries can include sprains, strains, fractures, broken bones, head injuries and concussions. A minor slip or trip accident can have potentially devastating concequences, if you strike or knock your head on a sharp or hard edge. Limbs like your ankles and wrists are particularly at risk of being broken or fractured from a fall, slip or trip. You may also sustain a soft tissue muscle injury or strain to your neck, back, arms and hands.

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Legal Information

The Statutory Duty imposed on the organisation or person in control of the area in question is that of a “reasonable duty” to inspect the highway or defect area in question and to repair 'obvious' defects that are likely to cause an 'obvious' injury.

The intervals of inspection vary depending on the useage of the area in question. Obtaining full details of defective area is, therefore, very important.

It is important to consider
(a) The character of the area in question and the traffic which was reasonably to be expected to use it;
(b) The standard of maintenance appropriate for the area in question of that character and used by such traffic;
(c) The state of repair in which a reasonable person would have expected to find the area in question;
(d) Whether the responsible party knew, or could reasonably have been expected to know, that the condition of the area in question to which the action relates was likely to cause danger to users of the area in question;
(e) Where the responsible party could not reasonably have been expected to repair that part of the highway before the cause of action arose,
(f) What warning notices (if any) of the defect of the area in question had been displayed and whether these notices were adequate

The law is governed under the Occupiers Liability Act 1984 for all claims except those involving the local Council (which is referred to in detail below).

Claims against the Local Council

Compensation Claims can be made for uneven pedestrian areas or broken and Defective Public Highways against the Local County Council responsible for Maintaining the Highway area in question. For details of which Council is responsible you should confirm the Location and postal code and make Local Enquiries or provide full details to us to enable us to make these Enquiries on your behalf.

The Council have a Reasonable Statutory Duty under the Highways Act 1980 to maintain and to repair obvious defects that are likely to cause an 'obvious' injury. As part of this duty the Council are required to Conduct regular inspections of the highway.

Statutory Defences for Claims against the Council

The Local Council responsible for a stretch of the highway where an incident occurs, whilst having a statutory duty to ensure that the highway is reasonably maintained are entitled to rely upon a statutory defence under the Highways Act. Under this Defence the Local Authority can show that they have discharged their duty if they can establish that they conducted regular assessments of the highway in question and can show that they have made all reasonable efforts to inspect and repair the Highway, they can enable them to escape this duty even where an incident occurs

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Contributory Negligence

When bringing a Compensation Claim, however, you should also bear in mind that pedestrians and visitors are also expected to observe obvious hazards and they would be expected to avoid them. This means that all Tripping Compensaton Claims will not result in a Claim for Compensation where there has been an injury that has resulted from an obvious hazard that the pedestrian or visitor could have and ought to have avoided depending on the circumstances.

However, some circumstances where an obvious hazard could still give rise to a claim for example if a particularly young Client was involved and this could be deemed as a Contributory factor that can reduce the overall compensation award based on the element of contributed blame attached to the obvious defect that could be avoided. This is legally termed Contributory Negligence.

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Birmingham B12 9AZ
Chambers 221, 27 Colmore Row Birmingham, B3 2EW

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