Case studies

Compensation for tripping claim

Malcolm Horner recently obtained compensation in excess of £6,000 for a client who tripped on a pavement and injured his arm.

Malcolm commented ‘tripping claims can be difficult to bring. The council have a duty to repair highways however as long as the council can show they adopt a reasonable inspection policy then they have a defence. I advise clients to take pictures as soon as practically possible after tripping or ask a friend or family to do so if they are too injured to return to the scene. The defect has to be at least an inch, which is roughly the size of a 50 pence coin. I would also advise the client that they need to rebut the council’s reasonable inspection defence by proving that the defect has been there for a long time, usually it has to be for over 6 months. Local residents will be in a good position to say how long the defect has been there. This can then combat the council’s defence that they have a reasonable inspection policy.’