Retired nurse wins fight against council after pothole fall

Contacting the council after a pothole fall

In the days after the fall and wanting to prevent another accident, Pamela contacted her local council to report the pothole and inform them of her accident.

“I was naïve, I thought it would be just a case of sending photographs and telling them what had happened, and that would be the end of it. But no, that wasn’t the end of it. The council first had to decide whether the pothole was on its land and responsible for it and until then, you are not able to report the accident.

“I’m sure at that point people must say ‘oh forget it’. It was a nightmare, to be honest. And it’s no wonder people are put off doing it.

“I had to send them photographs, explain what had happened, provide times and everything.”

A few days later she was contacted by the council’s insurers, and she went through it all again. “I thought it was cut and dry case. You know, it’s their land, it’s a pothole and it was covered in rain. What more was there to say? They were responsible.”

Council response

Eighteen months after the accident she got an email from the council to say they have looked at all the evidence and there was no claim.

Contacting Express Solicitors to make a personal injury claim

Determined to prove that the council was in the wrong, Pamela reached out to Express Solicitors for help.

“Right from day one it was just so smooth. They were excellent and kept me informed all the way. If I had any questions, I just contacted them and If I couldn’t speak to them straight away, they rang me back within hours.”

One concern Pamela had was whether she’d need to pay anything upfront to make a personal injury claim. We explained how fees would be structured and reassured her that there would be no upfront cost.

With the council denying liability, it was up to David Toyn and his team to build a case.

Pothole accidents and the law

What councils must do:

• Councils have a duty to keep public roads and footways safe, including fixing potholes if they exceed a specified size.
• They must take reasonable care to inspect and repair roads and footways on a regular basis.

What you must prove to claim for injury:

• The council failed to take reasonable care in maintaining the road or footway as the law requires.
• The council is only liable if it can’t show it took reasonable steps to prevent the accident.

Our case

In Pamela’s case, the council inspected the road quarterly. The last inspection, 10 days before the accident, reported no actionable defects. However, the previous report did note a pothole in the same spot where Pamela fell. There was no evidence this had been filled in and shortly after her accident the pothole was repaired.

We argued that the last quarterly inspection was done negligently and in error. If the pothole had been repaired within the council’s target timeframe, as flagged in the previous report, the accident could have been prevented.

Heading to court

Despite the evidence, the council continued to deny liability and the case looked set for court.

Further evidence came to light in the days leading up to the court date, revealing that residents had in fact complained about the pothole prior to the accident. This proved that the council had been aware of the pothole and hadn’t taken reasonable steps to fix it.

Compensation

After a strong defence was filed, the council backed down and made a settlement offer of £18,500, which Pamela accepted – an offer far greater than expected.

“I can’t say I was relieved as I didn’t mind going to court. I was ready for it. But it was nice to draw a line under it.

“The money went into my bank, which was very nice and I’m very grateful for that, but initially that wasn’t the reason I wanted to pursue a claim. I wanted to prove they were in the wrong and I couldn’t believe that they were saying that they weren’t.”

Advice for others who have suffered an injury due to a pothole

“I would definitely say take some independent advice. It would have been so easy for me to walk away at the point where the insurance company said there was no claim to be made.

“If David had said to me, ‘it’s a bit iffy’ and the prospects were poor – I wouldn’t have bothered. I would have taken that advice because he was independent.

“I’m glad I went down the route I did, and the service that I received from David and Express Solicitors couldn’t have been better.”

David said:

“I was really pleased with the result and it far exceeded our expectations. Pamela’s struggles with the council are not uncommon, and as she says, many people would simply give up at the reporting stage. It’s hard enough dealing with the fallout of an accident without also having to gather evidence and deal with insurance companies yourself. I hope Pamela can now put the accident behind her and get back to enjoying her retirement and I would urge other people who have had accident claims rejected by councils to seek advice from a solicitor rather than giving up on the case.”

Contact us

If you’ve slipped, tripped or fallen and suffered injuries that weren’t your fault, you may be able to claim compensation. Our team is on hand to listen to your story and assist you in making a personal injury claim. Start your claim today. Contact Us | Express Solicitors