Walker wins £1,575 from council after pavement mishap
With Simpson Millar's help, a pedestrian who injured his ribs and elbow after he tripped on raised pavement bricks
has secured compensation from the local authority.
One morning in June 2010, our client was walking along West Street, Brighton. Having crossed the main road, he stepped onto the pavement opposite when he suddenly tripped on raised bricks in the thoroughfare
The stumble caused him to fall and sustain fractured ribs and a soft tissue injury
to his left elbow.
With photographic evidence attached, we wrote to Brighton & Hove City Council alleging maintenance failures
contrary to Section 41 of the Highways Act 1980. As the highway authority responsible for the area's maintenance and repair, the council had caused a defect to be present which created a hazard to pedestrians using the pavement.
The defendant had also caused pedestrians to use the pavement when it was unsafe to do so
and, by failing to repair the defect, exposed our client to a foreseeable risk of injury.
The council first disputed liability, looking to rely on a statutory defence under the Highways Act 1980 in that it had in place a reasonable system of inspection, repair and maintenance for the area in question.
However, we were able to show from its disclosure that the defendant may have known about the defect prior to the accident
and had neglected to repair it. A 70/30 split on liability in our client's favour was agreed, medical evidence was obtained and the council offered £1,575 in compensation
, which our personal injury client accepted.