£3.5K compensation payout after pedestrian's pothole accident


A Lichfield woman who sustained a personal injury after tripping on a pavement pothole has won a compensation claim against a local authority.

Pothole in the Pavement

Late one afternoon in August 2010 our client was making her way along Lower High Street in Tutberry, Burton-on-Trent to her car, which she had parked in a nearby street.

Before she could reach her vehicle, however, the presence of a pothole in the pavement caused her to trip and fall. As a result she sustained facial cuts and abrasions and a cracked front tooth.

As well as fracturing the porcelain of a dental crown – which will require replacement every 10 to 15 years – the accident caused a laceration to her lip, muscular injury and bruising to her face.

Following the accident our client went to the Samuel Johnson Community Hospital.

On our client's behalf we acted against Staffordshire County Council, alleging that the authority had breached a number of terms of the Highways Act 1980.

Among these were failure to maintain the footpath, permitting it to become and remain a danger and failing to warn our client of the defective footpath by means of signs, notices or barriers.

Although the council admitted liability, it disputed causation: a complex area of law which connects 'conduct' with a resulting effect, typically an injury.

On presenting dental evidence, however, we were able to secure for our client the cost of future dental work to the tune of £3,562.50.

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