Personal Injury

Highway Trips & Slips Claims

Claims arising out of tripping accidents which occur typically on the public highway and footpaths are due to uneven paving slabs or potholes that have been allowed to develop. There are two legal bases for claims arising out of trips on the highway. The main statute giving rise to claims is the Highways Act which sets out that a highway authority, typically the Local Council, has responsibility for maintaining the highway in a reasonably safe condition. There is a statutory defence under the Highway Act, in that if the highway authority can show that they have a good system of inspection they can establish the defence and avoid liability for the accident. The highway authorities have a duty to maintain every passage or way over which members of the public have access to.

A claim can be made if your trip occurs on one of the following:

  • Roads
  • Public paths
  • Footpaths
  • Driftways
  • Bridleways

It is particularly important to have photographs of the hazard that caused your accident, preferably with a measure to show the relevant dimensions.

If you don’t have any photographs already, speak to our solicitors to discuss what is required. The claim will invariably be made against the local Highway Authority (often the County or City Council) who will often do their best to claim that they tried their hardest to look after the roads but couldn’t help the damage from arising.

Our highly-experienced personal injury team are well used to such pleas and have the tenacity and attention to detail to pick out the errors in their case in order to push your claim forward.

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