Paving and potholes: Beating the Council

Raised paving flags and potholes are something that we all see on a daily basis.  Your local council is responsible for maintaining the roads and pavements and keeping them in a safe state of repair, but if you are unfortunate enough to have an accident the council can be a very difficult opponent.

Fortunately, Express Solicitors are on hand to fight your corner.  Here are a couple of things to consider to help us to win your case.pot

Firstly, we have to show that the defect is deep enough to be considered ‘dangerous’ in the eyes of the Court.  The best way to do this is to have measured photographs clearly showing the exact depth of the defective paving.  These are best taken as soon as possible after the accident so that the council do not have a chance to repair the pavement before we have our evidence.  Identify the point of trip, for example, where your foot caught the pavement, and measure from the bottom to the top.

We also have to show that the council were or should have been aware of the defect prior to your accident and should have done something to repair it.  Speaking to people who live, work or travel in the local area to find anyone who can say that they have seen the defect and for how long it has been there can really help.  If anyone has previously reported the same pothole or defect to the council, even better!

It is likely that the council will carry out a 6-monthly or 12-monthly inspection in the area.  The more people we can rely on to say that the specific problem has existed for a certain length of time, the more difficult it will be for the council to say that they weren’t aware of the problem.

Despite councils’ tendencies to be reluctant to pay out, Express Solicitors are committed to taking them on on your behalf and have an excellent reputation for success.  Our dedicated Public Liability team have years of experience in dealing with councils and will strive to get the best for you.

We do hope you never need our service, but should you find yourself injured as a result of a poorly maintained pavement, please help us to help you to hold the council to account.

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