Tripping Accidents: Why Our Solicitors Carry Out Inspections
Here at Tilly Bailey and Irvine law firm we often receive enquiries regarding tripping incidents. Gemma Tunney of our Personal Injury department explains how we go an extra mile to support your case.....
We have previously reported on what steps you should take if you are involved in such an accident.
If you have been injured as a result of tripping over a defect on a public road or pavement, you may be entitled to claim compensation from the Council. The defect may consist of a pothole or a raised or sunken paving stone, for example.
It is no time to be making assumptions from the confines of an office, which is why we carry out an inspection of the problem area in question to obtain a more clear understanding of what has happened.
Duty owed by the Council
The Council owe a duty to the public to inspect and maintain public footpaths and roads.
They often schedule inspections to check for any defects and repair them where appropriate. However the system of inspection and maintenance implemented by the Council is not always adequate. It may be that the Council have not inspected a particularly busy footpath often enough, such as one in the middle of a busy town centre. It could also be the case that the Council have carried out the necessary inspections, identified a defect but then failed to repair the defect.
This is exactly what happened in a recent case we have been dealing with.....
We were instructed by a client that had tripped over a raised paving stone and had unfortunately suffered injuries as a result. When we inspected the accident location we identified that the defect had been marked with white paint. This usually means that the Council are aware of the defect and they intend to repair it.
The Defendants originally denied liability and stated that they had inspected the accident location only five months prior to the accident and the defect was not present. We pointed out that the defect had in fact been marked for repair at some point prior to the accident and they had clearly failed to carry out the repairs. The Defendants took our argument on board and we were able to settle the issue of liability.
At Tilly Bailey and Irvine we consider it imperative to visit an accident location in order to take photographs and measurements of the defect. Had we not inspected the accident location in this case, we would not have had evidence to show that the Defendants were indeed on notice of the defect.
This case shows that you should make sure you instruct solicitors who are willing to go the extra mile to achieve a successful outcome. We always aim to accomplish the best outcome for our clients.
We may be able to offer you a No Win No Fee claim. If you have been involved in an accident due to a defect in a footpath or road, please contact our personal injury team at TBI as soon as possible on 01429 264101.