Public Highway Compensation Claims

Claiming against the council

Making a claim against the council responsible for your slip, trip or fall can be a difficult process, as councils have legal defences against compensation claims. So in order to make a successful compensation claim, you need to consider all of the aspects of the accident when compiling your evidence against them.

Considerations include the size of the defect, for example. The defects will vary in size and the bigger it is the stronger your claim will be. If the defect is only small such as a slight crack, you need to appreciate the defences of the court. You should also consider where the defect is and what type of pedestrian is likely to use the public highway. For example, if there is ice on a zebra crossing or on pavements outside schools people are likely to slip and injure themselves in commonly used areas.

You also have to consider whether the council actually caused the accident themselves by not completing an area of construction, for example. If they had previously worked on the area and left a hazard it is very likely the court will deem the council responsible even if the defect was minor. The court will also rule in your favour if people had previously complained about the defect and no action had been taken to solve the hazard.

Even if you feel you have hard evidence for your claim it is important to realise that the council has legal defence over your claim if they can prove that they had a satisfactory system and record of inspection of their highways.

However their defence can be overcome if their records of inspection are inaccurate such as the size of the defect. Evidence via a witness can also overcome their defence if their accounts do not match up to the council’s inspection records.