Trip or Fall & Other types of claim
Trip or Fall
A trip or fall on the public highway is an all too familiar occurrence these days. By public highway just to be clear I mean a pavement. Generally, you don't slip as in most instances it is a trip on a raised pavement slab. A rocking slab. It can be caused by many things. Cars/ Trucks parking on the pavement when they should not be. Roots from trees pushing the pavement up. Winter damage caused by frost getting in under the pavement and expanding when frozen. But all this sadly matters little.
Why may you ask?
All councils in the UK have what is called a Section 58 defence .This basically means depending on the priority/ footfall of a particular road/street the council have to make 3 monthly, 6 monthly or yearly inspections. Inspections can form either a walk along. Someone actually walks the streets and highlights defects that may need repair. Or a drive-by (slowly of course) depending on the type and location. As long as the council with whom you want to claim against can show that regular appropriate inspections have taken place. At the last inspection, there was no defect or it was not deemed actionable. Then no matter what happened during your trip or fall or how badly injured you were you will not have a claim.
So how can you win then as they must all do these inspections?
Well, we have been helping people who have had a fall on a pavement for over 15 years. I still, cannot believe that allot of councils still do not bother to make good their pavements and roads. Now the cynic in me thinks for some councils it is simply cheaper to just pay for those trip or fall claimants that are persistent. Rather than employing a team and buy the equipment to go around making good the pavements in advance. So that means some councils will not have records. Some will have lost those records (tough on them). They may have the records but missed the defect. Or just maybe have miss-classified the defect.
What you need however is a firm of solicitors with a dedicated solicitor or two who only does slip/trip claims. Funny enough we have just that type of solicitor ready for you. Fill in an enquiry form or give me a ring on [phone_number] and I can tell you if you have a claim.