£3,000 compensation for pedestrian after pavement fall
Simpson Millar won a damages claim against Birmingham City Council
after a pedestrian fell foul of a pavement hole and fractured his foot.
In August 2011, while walking along Washwood Heath Road in the West Midlands, our client tripped over a hole in the pavement
. The accident caused him to fall and sustain a fractured foot
, which would take 15 months to fully heal.
We wrote to Birmingham City Council, alleging fault on the basis that the authority is responsible for maintenance and repair of the pavement. The council had permitted a defect to be present
which created a hazard to pedestrians and had caused pedestrians to use the thoroughfare when it was unsafe to do so.
For these and several other contraventions of the Highways Act 1980, the defendant examined medical evidence and offered our client compensation of £3,000. Following further negotiations, however, the 2 parties agreed a settlement of £4,000