These claims involve tripping and/or falling due to a defect in the pavement or road which is considered reasonably dangerous. A very general rule of thumb is that a defect on the pavement must measure in excess of 25mm or more or 40mm or more on the road to be considered dangerous.

Council's Duty
The council/local authority receive money through taxes to maintain the pavements and roads and to ensure that they are safe. They have a legal duty to do this under the Highways Act 1980. If the council fail to maintain the roads and injury is caused as a result, then they may be liable to pay compensation for those injuries.

What you should do
To assist your chances of success, you should take pictures of the defect as soon as possible or the council may repair it and there will be no evidence of that defect. Use a 50pence piece (which is approximately 25mm) in the photographs to show the size of the defect or preferably obtain measurements of the defect with a ruler or tape measure. Alternately, a representative from Select Claims will assist you with this with or without you going back to the scene.

Also obtain addresses of nearby properties as this will not only act as a landmark to the position and location of the defect but also the residents can be approached for witness statements as to how long the defect has been there.

Select Claims will visit the accident location and obtain clear pictures and evidence if you have been unable to do so. Select Claims will then be able to make an assessment as to your chances of success and ensure that your claim is made to the council immediately.