Subway left unlit while council dithers causes woman to fall down

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Ankle InjuryLincolnshire County Council has been ordered to pay personal injury compensation of £1650 following an accident in an unlit subway.

As she walked down some steps leading into a subway, our client fell down and sustained a sprain to her right ankle. Since it was an early evening in March 2010, the subway was dark – a fact of which Lincolnshire County Council was aware.

Furthermore, it turned out that the passage was likely to remain unlit while the authority deliberated on how public vandalism, which had caused the lights to be put out in the first place, could be stopped.

On behalf of our client we were able to secure evidence of lack of lighting, show photographs of the poorly-lit subway at various times of day and take account of the time of year when the incident occurred.

Importantly, we highlighted the unreasonable time that the council took to make a decision on how they would avoid the lights being vandalised once more.

We alleged fault because of the council's negligence. It had permitted the lights to remain dangerous, failed until after the accident to repair them and exposed our client to a danger and a foreseeable risk of injury. A number of other breaches contrary to the Occupiers' Liability Act 1957 were also considered, largely concerning the authority's common law duty of care.

After counsel was unwilling to accept the case due to what were seen as unlikely prospects of success, liability was settled on a 50/50 basis. We helped our client recover £1650 net of division of liability, a sum which took into account £225 for specials and £1425 for personal injury.


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