Pothole on Pavement Causes Personal Injury 07/02/2011 We recently made a personal injury claim against a local Council, on behalf of a woman who suffered facial injuries as the result of an accident on a defective pavement.

Fall on Public Pavement


Our client was out with some friends when her accident occurred. She was walking along a poorly lit pavement with a tarmac surface when she stepped into a pothole that was approximately 3in deep and this caused her to fall. The weather was clear and dry and she was wearing flat, sensible shoes, so there was no other reason for the fall.


As a result of this accident our client suffered a personal injury. Two of her front teeth were lost, others were damaged and she sustained facial wounds, one of which had to be stitched. There were also more minor injuries to her knee and ankle. She had to take 2 weeks off work and required extensive dental treatment to repair her teeth.


Claim Against Council


The injured woman appointed our expert personal injury lawyers to assist her in making a compensation claim. We contacted the other side and provided photographic evidence of the pavement, which showed a clear and dangerous defect. The road where the accident occurred is near to a car park, so it has a high level of pedestrian use, yet there were no markings or signs to warn people about the hazard.


The defendants argued that they had taken steps to ensure that the pavement was safe, in the form of a system of regular inspections. They stated that an inspector visited the area 6 weeks before our client’s accident and the defect would have been repaired if it was in that condition then.


We argued that, although the system of inspecting the roads every 3 months was reasonable, the quality of the inspection must not have been sufficient for such a dangerous defect to have been missed. The Judge agreed and he accepted that the hole would not have developed within as little as 6 weeks.


Our client was awarded in excess of £15,000 in damages, in respect of her injuries and out of pocket expenses.


Injury Claim Advice


If you suffer an accident in a public place, or any other accident caused by the negligence of someone else, you may be entitled to make an injury claim.


At The Legal Line, our lawyers have extensive experience in all areas of personal injury, and they can provide you with expert accident claim advice. Contact us on 0800 0328511, or by completing a claim enquiry form online.