I fell on a broken pathway (council maintained) and sustained a detached retina, can I make a claim?

28th May 2019

CATEGORY: Personal Injury

LOCATION: AYRSHIRE

1 answer
  • Nelson Myatt Solicitors LLP

    It is very difficutl to give correct advice without knowing more about the circumstances of the fall and without investigating further. Ultimately, the council are required to inspect and maintain roads and pathways however the facct that you have fallen and suffered injury isn't in itself enough to guarentee a successful claim.

    The frequency in which the council are required to inspect the area will depend on the type of road and their policies. If they are complying with their own policies by regualrly inspecting the area and the defect was not present during their last inspection then your claim is unlikley to be successful as the council are not expected to fix every defect as soon as it arises. If however the inspections haven't been carried out as per the council's policies, the defect is not deemed dangerous (usually less than an inch in height) or they had been made aware of the defect prior to your accident but not taken any action then the prospects of success of your claim increase.

    As a starting point, I would recommend that you take photographs of the defect including measurements of the width, height and depth as soon as possible. From there any solicitor who is instructed can consider given more details advice based on the prospects of success.

     

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