If you’ve had an accident in a public space then you may be able to claim compensation. Our legal team offer a free consultation to discuss your case.
Defects on public roads and pavements
Pavements and roads are generally, but not exclusively, under the control of the local council or highway agency and it is their responsibility to ensure that the roads and pavements are kept in a good condition.
This is usually achieved by them having a system of inspection and maintenance in place. The system of inspection and maintenance will differ depending on the type of road and pavement in question.
A defect could be a pot hole or cracked tarmac in the road or pavement, or loose paving stones which have protruded to form a lip.
To succeed in these claim types there are 3 tests that must be passed, which are:
- The hazard that caused the fall or trip is on a piece of highway that is maintainable through public funds.
- The defect is so bad that it requires repair. The usual rule of thumb is that the pot hole or lip has to be 1.5 inches deep/high to be classed as defective.
- The relevant local council or highways agency does not have a suitable or sufficient system of inspection and maintenance in place.
If the relevant local council or highways agency can show that they have a suitable or sufficient system of inspection and maintenance in place then they will have an automatic defence to any claim under s.58 of the Highways Act 1980.
Public liability claims are not exclusively tripping, slipping and falling accidents. There are other types of accidents that could be sustained in a public place, examples of which are:
- Injury caused by damaged play equipment in parks and public recreational areas;
- Injury caused from a defective bench or picnic tables in public places;
- Injury caused from broken stiles or gates allowing for public access;
- Injury caused by a falling branch;
- Injured by a broken road sign;
- Defective street furniture causing injury.
School accident claims
When you send your children to school you trust that they will be in a safe place where they will be cared for. When your child is injured at school it is very worrying and stressful and leaves you wondering whether the accident could have been prevented and what you should do next.
How our school injury lawyers can help your child
Children’s bodies aren’t fully grown, which means the full extent of any injury at school may not be obvious until they are older. This why our team, when seeking compensation, will take into account the impact on your child’s life right now, and in the future. This may include the costs of care, medical treatment and any loss of earnings you might experience in the process.
Our specialists will also support your family with getting the right rehabilitation and medical treatment for your child following their injury.
Please note claims for injuries sustained on school premises are not just limited to children. Anyone who sustains an injury while on school premises whether as an employee or as a visitor may have a claim against the school and should seek legal advice.
Want some fast, free advice? Reas our School Accident FAQs
School trip injury claims
If your child has sustained an injury on a school trip, the school could still be liable. This could be a trip to the local park, a walk down the road, or even a boarding trip further away somewhere else in the country. Schools must safeguard children as part of their legal duty of care, and inadequate supervision can be one of the most common reasons for an injury to happen and a claim to be brought.