Accidents on footpaths, over kerbs and on pavements are very common and if you sustain an injury as a result of a trip and fall you may be entitled to compensation for the accident if the accident was not your fault.
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.
How to start a kerb, pavement or footpath personal injury claim
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.
Sinnott Solicitors have compiled an ultimate guide to the Injuries Board and Injury Court Claims process which can be accessed by clicking on this link http://Sinnott.ie/workplace-injury/injuries-board-process/
Graham’s Case: trip and fall claim against local authority
Graham was involved in an accident where he tripped over a drain cover which had sunk into the drain which was situated under a footpath kerb.
As he was crossing the road he stepped into the drain that was only partially covered because of the angle of the sunken cover. Graham twisted his ankle and he fell on to the footpath.
He was assisted by two passers-by and took their details. His injuries left him unable to work for a period of one week and he was on crutches and immobile for that time.
We managed to achieve a compensation settlement for Graham in the sum of €7,500 in addition to a sum for his loss of earnings. We also managed to secure an agreement by the Defendant to pay Graham’s legal costs in connection with his case.