Using streets, roads and public highways to get to where we need to go is a part of our everyday lives and you are unlikely to give it any thought. However, if there is a defect on the pavement, walkway or road which causes you to have an accident and injure yourself, you may be able to make a claim through public liability claim solicitors such as Romain Coleman.
The local authority owns most pavements, but you should be aware that sometimes parts of the pavement are actually owned by business premises, in which case you will need to make an occupiers liability claim against the business rather than public liability claims against the local authority. We will be able to identify the owner or occupier of the pavement in this case and make the correct claim.
Falling over in public can be mortifying and your first reaction will probably be to try to get up and walk away without any fuss, however this will not be possible if are injured. You should try if possible to take pictures of where the accident happened. If you cannot do that on the day of the accident, try to return to the scene as soon as you can and this will be valuable evidence in your claim.
Section 41 (1) of Highways Act 1980, puts a statutory duty on the local authority to maintain the highway so if you trip over and injure yourself as a result of a defect in the pavement, you may be able to make a claim.
They may attempt to deny responsibility for your accident by using a statutory defence in Section 58 (1) of the Highways Act 1980. This says that they took all the care in the circumstances that was reasonably required of them, and are therefore not responsible.
However, the burden of proof is on them to prove this defence by demonstrating the steps they took to maintain the highway.
You will have 3 years from the date of your accident to make a claim, providing you are an adult. Sometime time limits do alter, so it is important to speak to us as early as possible to ensure you protect your ability to claim.
Any evidence you gather will provide crucial information for your solicitor when attempting to prove your case, especially if you have waited some time to make a public liability claims case. All photos you took of the accident scene as it was will be very important to your case and should be kept.
Choosing public liability claim solicitors with specialist experience in public liability claims is very important as they can contain some complex points of law. We have helped many people just like you to get the compensation they deserve for their injuries.
If you would like to see how we can help you too, call us on 0800 056 0346 or on 020 8520 4555 if you are on a mobile, email [email protected] or complete our Free Enquiry online and we’ll be happy to help.
Romain Coleman – Public Liability Claims Solicitors in London