Q. I recently injured myself when I tripped over a broken paving stone whilst walking along the local High Street. Can I make a claim for compensation?
A. Assuming that the footpath is a public footpath, then the local authority have a duty to maintain the footpath in its capacity as a highway authority. If they failed in that duty and the defect caused your accident then you may be able to make a claim for compensation.
Local authorities are obliged to maintain and repair highways by taking reasonable steps to keep them in a safe repair. Minor irregularities do not render highways unsafe. It is matter for the Courts to consider whether or not a particular highway is unsafe and the Courts have declined to give any binding declarations in terms of the specific size of the defect.
Having said this, a difference in level of 1 inch or more is likely to be found to be unsafe. However, the local authority may still be able to defend a claim even if the trip is more than 1 inch if it can establish that it has taken such care as in all the circumstances was reasonably required to secure that the particular section of the footpath was not dangerous. This usually means that the local authority must have in place a well documented system of inspection in relation to all footpaths under its control.
If you do have a fall and sustain a bad injury then it is vital that you consult a solicitor to obtain expert advice. The solicitor will want to attend the scene of the accident with you in order to measure the extent of the defect
Should you have a queries regarding a legal matter please contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk.
