Injuries from Inadequate Road Conditions are cause for Compensation

Dated:

We recently helped a client make a claim after suffering injury caused by a hole in road tarmac. A substantial sum in compensation has been awarded to both him and his employer, amounting to nearly £8,000.

Pothole in the road

Our client tripped as he was crossing the road on a main carriageway whilst visiting his friend. He was then taken to hospital where x-rays confirmed that he had fractured his foot in two places. The court proceedings were issued against the local Council under the Highways Act 1980 by our expert personal injury team in Manchester. The Council had been notified of the potential danger of the road damage prior to the accident but had neglected to ensure all work had been carried out correctly.

Emma Roberts, Associate in our Personal Injury Team at Simpson Millar has commented on this case. "The Highways Act 1980 imposes a non-delegable duty on the Council to repair and maintain the roadways. Simply instructing a contractor and blaming them when the work goes wrong is not always an adequate Defence. We were forced to issue Court Proceedings, we investigated this case and their evidence in detail to show their Defence was not valid and successfully recovered damages for this client."

"Despite the Council’s reluctance to admit liability, our client obtained the sum of £4,947.94, and £2,950.40 was paid to the client’s employer in relation to the wages paid to the client during his sickness absence. This was a considerable increase on the Defendants original offer."




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