We receive lots of enquiries from people who have been injured after they have fallen over due to defects in roads and pavements. Common injuries include fractured wrists, sprained ankles and knee injuries. We have also seen clients with head injuries, broken noses and hip fractures.
These claims are usually defended by local authorities so it is very important that the injured people make accurate measurements and take clear photographs of the pothole or other defect that caused their injury and also make a note of the addresses of the nearby properties as soon as possible after the accident.
Clearly that will not be the first thing on the mind of someone who has suffered an injury but we strongly advise them or someone on their behalf to do so quickly afterwards as it will greatly increase their chances of winning their claim.
I am attaching a copy of our “How to” guide to this blog and suggest that you download a copy and keep it in a safe place in case you or someone you know suffers such an injury.
Download a guide to measuring street defects
Accurate measurements and photographs prevent disputes with Councils about the depth and width of defects. If they are less than 1 inch/27mm in height, then many Courts will not consider them to be dangerous or actionable. If the client has taken photographs and made accurate measurements then it prevents later arguments about the size of the defect.
By way of example, I have a case at present where my client fell due to a large pothole in the middle of a backstreet in Sheffield. Four days later, and before the client had instructed me, the Council had filled the hole in and because no measurements or photos were taken (the client was naturally keen to go to hospital as soon as possible) the local authority is denying that the pothole was as deep as the client says it was and has the advantage of evidence from the people who repaired it.
Obtaining the addresses of nearby properties, whether they are residential or commercial, is also very important. Councils often defend cases on the basis that their inspectors visited the street on a date before the accident and that the defect was not there at the time of the inspection. If they are correct, then the client will usually lose the case.
In numerous cases our experience is that if we obtain signed statements from witnesses who live or work near the defect as well as others who regularly use the road or pavement concerned who say that the defect did exist at the time of the inspection then the Council will admit liability and pay compensation. Knowing the addresses of the nearby properties helps us to obtain that evidence.
I’m looking forwards to watching Sheffield United play MK Dons tomorrow and will be visiting one of my daughters in Nottingham on Sunday with Mrs Stittle. Both of us will be watching where we are walking and will not forget our mobile phones! Enjoy yours and don’t forget to put your clocks back!
Jonathan Stittle
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