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When Is A Defect Not A Defect?

When is a defect NOT a defect? Well Adrienne Harris explains how our North East Solicitors can help decipher this in a personal injury case....

Generally speaking, a person who falls over on somebody’s premises will have to demonstrate that the occupier is at fault in order to bring a claim for injuries sustained. They need to show that the area is damaged or not maintained and that its measurement exceeds a certain level. However sometimes something which causes that accident may not actually be defective - can you then bring a claim?

Recently the Hartlepool office has seen an influx of accidents occurring at the Tees Bay Retail Park. We identified that whilst there was not in all cases a defect as such, the public seemed to be regularly falling over the raised parking bays. The whole area was just block paved with no demarcation where the block paving was raised.  People could not easily see the difference in height.

Whilst it would be easy to reject these claims, there not being a defect as such, Tilly Bailey & Irvine pursued a number of claims recovering compensation for a number of Clients having previously shown that there was an obvious problem simply by the amount of people falling. 

For example a lady who suffered a fractured cheekbone, soft tissue injuries to the neck, elbow and both knees and an adjustment disorder recently received a substantial amount of compensation in excess of £10,000. 

Whilst there are of course no guarantees, we hope that by bringing these accidents to the attention of the owner and their insurers it will result in them accepting that there was a problem with their unmarked parking bays which if resolved would save them money in the long term and avoid further unnecessary injuries to people visiting the shopping park and local businesses.

Bringing such claims can not only obtain compensation for an injured party but can often remedy a previously unidentified problem to the benefit of the public in general.

If you have an accident and suffer an injury it is always worth seeking legal advice. Tilly Bailey & Irvine will carry out an inspection of the accident locus free of charge to establish whether it is worthy of further investigation and the submission of a claim.