£5,800 compensation for woman who tripped over and fractured her ankle
Cardiff Council has agreed to a £5,800 settlement
in favour of a pedestrian whose ankle was fractured after she tripped on a damaged pavement
In September 2011, the 66 year-old pensioner was walking along Cathays Terrace, a public thoroughfare which has been earmarked by officials
for resurfacing work.
Without warning she tripped on a defect
in the pavement, fell to the ground and suffered an injury.
A medical examination later revealed the pedestrian had sustained a fractured ankle
On her behalf Simpson Millar LLP wrote to the authority responsible, Cardiff Council. We alleged that the council had been negligent in its upkeep of the walkway
, breaching a number of terms of the Highways Act 1980.
It had failed to maintain the walkway, permitted its surface to become a danger and failed to take adequate maintenance
and remedial measures. The council had also failed to erect warning signs
or present a foreseeable risk of injury to pedestrians.
Early admission by council – but first offer was too low
On sight of medical evidence which confirmed our client's injuries, which added fuel to her claim for care and assistance following the mishap, Cardiff Council immediately admitted liability
However, after the defendant countered our offer with one which we thought too low, we negotiated a higher final settlement
Simpson Millar LLP's Emma Ginley, who acted on behalf of the victim, said the case highlighted expensive shortcomings
in how some local authorities care for the roads on their watch.
"Given the scheduled improvements to Cathays Terrace, Cardiff Council clearly has the resources to ensure its thoroughfares are kept relatively risk-free in the long term," Emma said. "However, this case would suggest the authority's more routine, day-to-day management of this particular walkway is inadequate