Injuries resulting from potholes

If you fall as a result of a defect on the pavement, you may well have a claim as someone, usually the Council has a legal obligation to make sure that pavements are safe.

The Highways Act 1980 places a burden on the local authority to inspect and maintain public footpaths to ensure that they are safe and free from obstruction.  Very small defects in the pavement are usually not actionable.  Whilst there is no legal definition of what an actionable defect is, a defect of over one inch will generally be regarded as actionable.  

The Council is under a duty to regularly maintain and inspect the area.  Their system of how regularly they deem it reasonable to inspect the area will depend upon factors such as the location of the defect, footfall in the area and amenities in the area such as schools or hospitals.  For this reason remote country pathways often have to be inspected less regularly than city centre pavements.

Here at What’s My Claim Worth, we are happy to talk with you on 0800 025 0000 and advise if we think you have a claim.  Our friendly team of Solicitors are on hand to talk you through the process. We are specialists in dealing with serious injuries and are Council claim experts. 

It is usual that you will need photographs from the time of the accident to show what the defect looked like and in particular a photograph showing the depth of the defect and a view showing its location in relation to its surroundings.  Witness evidence from locals can also help.

If you have tripped on a defect on the pavement such as a raised paving slab or pothole we may be able to assist you with making a claim.

You cannot normally claim for slipping on a wet pavement unless the area is particularly mossed over.

What damages can I make a claim for?

If you have been injured, you can claim for:

• The pain and suffering you have experienced
• Any loss of earnings or pension; past and future
• The time taken for family members or outside agencies to assist you with personal care tasks or housework if reasonable
• Private treatment
• Medication and travelling expenses
• Damaged items such as a damaged bike, motorbike or other vehicle 
• Any other losses incurred as a result of the accident 

Our job as your representative is to identify your potential losses, obtain evidence in support and advise you fully on the full value of your claim.

A pothole is a depression in a road caused by erosion caused by vehicles or weathering.  We have all seen and often felt potholes as pedestrians and road users.  Many of us will have also suffered significant damage to our cars as a result of hazardous potholes. 

If you have been injured as a pedestrian and have fallen as a result of a pothole or have come off your bike or motorbike as a result of a pothole and have been injured, you may have a claim.  Here at What’s My Claim Worth, we are happy to talk with you on 0800 025 0000 and can advise you if we think you have a claim. Our friendly team of Solicitors are on hand to talk you through the process. We are specialists in dealing with serious injuries and are Council claim experts. 

A claim for injuries suffered on a road are usually made to the Council or Highways Agency   but a claim can be made against the owner of a private road also. 

Dangerous potholes can be reported using the website https://www.gov.uk/report-pothole

If you have been injured as a result of the pothole, we would urge you to report it using the website address and reporting it directly to your Council using their link.

Section 58 of the Highways Act 1980 sets out the duties of the Council and Highways Agencies to ensure roads maintainable at public expenses roads are safe for users.  

The Act states that road owners are under a duty to adequately maintain, inspect and repair

roads.  Not all defects in the road will be actionable.  As a rule of thumb, generally potholes of over two inches will be actionable.

If you have had an accident and suffered an injury of over two inches in depth, give us a call on 0800 025 0000.  We will need to see photographs taken at the time of the accident to assess the defect and we urge you where safe to do so to obtain some clear photographs of the defect.  We usually ask for one showing clearly its depth with measurements  and another of the defect within its surrounding area so its location can be identified.

What damages can I make a claim for?

If you have been injured, you can claim for:

• The pain and suffering you have experienced
• Any loss of earnings or pension; past and future
• The time taken for family members or outside agencies to assist you with  personal care tasks or housework if reasonable
• Private treatment
• Medication and travelling expenses
• Damaged items such as a damaged bike, motorbike or other vehicle 
• Any other losses incurred as a result of the accident 

Our job as your representative is to identify your potential losses, obtain evidence in support and advise you fully on the full value of your claim. 

Slips, trips and falls are some of the most common causes of injury in the workplace.

According to the Health & Safety Executive, most trips are caused by obstructions in walkways rather than uneven surfaces. It is therefore important a workplace is well designed to ensure there are clearly marked walkways and there is an efficient system of housekeeping in place to avoid obstructions developing. All employees should be trained to appreciate the risks arising from such obstructions.

The Health & Safety Executive have also developed a hazard spotting checklist to help employers reduce the likelihood of slips and trips.

Slipping accidents at work are usually caused by wet floors following cleaning or from  spillages which are left unattended. It is important all spillages are removed as quickly as possible and that in the meantime, the area is clearly marked to warn people of the danger with a “wet floor sign” or something similar.

People we have helped

The following are examples of cases where we have successfully recovered compensation for people who have been injured at work due to slipping or tripping:-

• We recovered compensation for a lady who injured her arm when she tripped on cables lying across the floor in an office.

• We recovered compensation for a client who broken their knee cap after they slipped at work on a wet floor which was had been mopped by the cleaner without a warning sign having been displayed.

• We recovered compensation for a client who has broken their ankle [link on ‘broken their ankle’ – link TBC to redirect to ‘Ankle Injuries’ page – will be new page as page does not currently exist] after stepping down from their lorry straight into a pothole in the yard where they worked, causing them to twist and fall.