Compensation for passengers in car accidents takes up a large proportion of injury claims presented by solicitors to the injuries board. Injuries to passengers are often more serious than injuries sustained by the driver of a vehicle and passenger accident claims are therefore very strong claims to bring to the injuries board or before the courts.

Who is responsible for maintaining footpaths, kerbs and pavements?

Generally speaking the local authority or County or Town Council is responsible for maintaining footpaths, kerbs and pavements in good order.

In fact any body or individual who allows access to the public must ensure that pavements, kerbs and footpaths are maintained in good order to prevent accidents and personal injury compensation claims against them.

Information about Footpath, kerb and Pavement Accident Claims

Claims for accidents involving injuries on footpaths, over kerbs and on pavements are so common that the local authority or defendant involved will generally carry out a very stringent investigation as to the cause of the accident.

It is important that you try to establish negligence against the defendant as soon as possible after the accident and we will discuss that in more detail below.

Causes of footpath, kerb and pavement accidents

  • Paving slabs that have been incorrectly laid
  • Potholes appearing in the footpath or pavements
  • Kerbs which are far too high in breach of regulations thereby causing tripping accidents
  • Damage to kerbs which are not fixed or maintained by the local authority or defendant involved
  • Pavements damaged by roots of trees or by vehicles
  • Paving slabs and kerb stones which have been laid in an uneven manner
  • Missing sections of a path or pavement
  • Kerbs which are misaligned or raised in places where they should not be raised
  • Drain covers and manhole covers which are damaged or missing from the path
  • Drain covers or manhole covers sticking out an uneven angle

What to do when you have a footpath, kerb or pavement accident

The most important element of accident claims which involve kerbs, pavements and footpaths is liability and proving that the liability rests with the potential defendant.

If the path has been poorly maintained or cracked or damaged or any of the circumstances outlined above are present, then it is absolutely essential that you gather evidence as soon as possible to include photographic evidence of the damage to the pavement, kerb or footpath.

Taking photographs at the time of the accident will strengthen your compensation claim and if any other parties saw the accident occurring, you should take their details as potential witnesses to your case.

Your Solicitor will decide who the appropriate Defendant is and your Solicitor will find out who the land is owned by.

The first step in every footpath and kerb accident claim is to prepare the case for lodging with the Injuries Board.

If you have been involved in a footpath, kerb or pavement accident and you wish to take a claim for compensation; Sinnott Solicitors will be in a position to assist you to take your claim and to achieve the maximum compensation on your behalf.

Margaret’s claim – Widow of passenger who was killed*

*We have changed the name of the Claimant here in order to protect the identity of the real Plaintiff in this case.

The Plaintiff in the case was a passenger in a vehicle which was a work van travelling from Killarney to Dublin. The car swerved in front of another vehicle and it would appear that the driver of the vehicle was suffering with fatigue at that time.

Unfortunately the passenger died as a result of the injuries sustained and Sinnott Solicitors brought a fatal injury claim in relation to this passenger injury accident.

The spouse of the Plaintiff received €675,000 compensation to incorporate compensation for the couples’ son who was an infant at the time of the passenger accident.The Plaintiff also recovered all out of pocket expenditure that she incurred in connection with taking the claim. In addition to the considerably high compensation achieved, the Plaintiff’s costs associated with taking the passenger/fatal injuries claim were paid by the Defendant’s insurers.

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