10th February 2014

Claiming for Pavement Trips in Scotland

The Scottish Government has revealed that on average, 50% of all roads in Scotland require some form of maintenance work. Whether it is potholes, damaged surfaces or protruding tree roots, there are many defective pavements and roads across the country, all of which pose a significant threat to the health and safety of the public.

If you have been one such person unfortunate enough to suffer an injury due to a pavement trip, you will probably want to know what your legal position is. For example, can anyone be held responsible for your accident? Are you entitled to make a claim? And could you receive compensation for the damage you have sustained?

Can you claim for a pavement trip?

According to a study by Help the Aged, more than 2,300 older people trip and fall every day on broken pavements in the UK. This is truly a staggering statistic that shows just how vulnerable we are to poorly maintained roads and pavements. While for some it may be little more than an inconvenience, for others a pavement trip will lead to a sprained ankle, broken bones or even serious head injuries.

If this has happened to you, you will understandably be feeling upset about having been harmed through no fault of your own. However, there may be a way to recompense for the pain and suffering you have experienced, as you could be entitled to make a personal injury claim.

How do you begin the claims process?

The first step you should take it to take photos of the defective area in question. This will help prove your case. If it is a pothole, use a ruler to show how deep the defect is, as it usually needs to measure a minimum of 25mm for a claim to be made. You should then contact a solicitor who specialises in public place claims to ask for further advice.

A solicitor will be able to assess the value of your case before suggesting whether or not you can make a claim. More often than not, this will depend upon whether or not another party - such as the local authority - is accountable for your accident. For example, if a local failed to carry out a reasonable inspection, or failed to perform a repair despite having been informed about a defect, it will be held liable for your injuries.

Contact us today

If you have suffered injury as a result of a pavement trip, contact us today at Blackadders. We will be able to suggest what action you should take next.

For more information, simply call us on 01382 229 222 (Dundee) or 0131 222 8000 (Edinburgh) or complete the enquiry form on the right of this page and we will be delighted to help you.



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