£10,000 council damages for pavement defect injury


Simpson Millar has concluded a claim against a London local authority on behalf of a pedestrian who was injured due to a pavement defect.

Pavement Personal Injury

On 9 July 2009, a man was walking along Creak Side, in Deptford in south-east London, accompanied by a friend. Because of poor lighting in the area, visibility was low, and he tripped on a pavement defect and went over on his ankle.

Although his injury was tended by emergency services, a subsequent medical examination revealed longer-term effects, his fall having been severe enough to cause a cracked fibula in his left leg. Normally self-employed, the man was faced with a significant loss of earnings when he had to take time off work to recover.

The shortfall in his capacity to earn was taken on board when we claimed damages on his behalf. We wrote to the body responsible, the London Borough Of Lewisham, reminding the council of its duty to ensure the pavement was maintained to a reasonable standard, under the terms of the Highways Act 1980.

In fact, the defect was in an area of the pavement which had deteriorated due to poor resurfacing and vehicle overrun. This caused the edge of the pavement to slope towards the road – clearly a danger to anyone using it.

Once we had obtained a medical report as proof of our client's injuries, we were able to negotiate settlement of his personal injury claim against the council for £10,000.

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