Who is liable for an injury if you fall in a pothole on a footpath depends on who is actually responsible for the footpath the trip and fall occurred on.
- If you fall in a pothole on private property
Should you be injured by falling into a pothole while walking along a footpath forming part of a car park belonging to a specific company or supermarket, for instance, the owner of the car park would be liable for your injury.
- If you fall in a pothole on public roads
Trips and falls on public footpaths resulting from potholes, cracks or other damage causing the ground to be uneven typically means the local authority responsible for maintaining those paths and pavements would be liable for any injuries sustained.
If, however, you are injured by a trip or slip outside a shop, for example, because the shop owner did not clear snow or ice or left objects likely to cause a slip, trip or fall outside their door, the shop owner would be liable for injuries by slipping, tripping or falling.
- Liability if you fall in a potholeIn other words, liability for any injuries you may sustain if you fall in a footpath pothole will lie with whoever is responsible for the maintenance of that footpath. Slips, trips and falls caused by other hazards, on the other hand, could mean whoever created or did not clear such a hazard would be held liable.
- Supporting evidence
In order to successfully claim for compensation, it is therefore necessary to first of all establish who is actually responsible for an injury. This necessitates the gathering of supporting evidence as soon as possible (preferably immediately) after the accident occurred. Such evidence could include statements by witnesses and/or attending medical or emergency personnel (which must include names and current contact details) and photographs of the scene of the slip, fall or trip and of the injury.
Making a claim
Further evidence helping to support a claim includes medical records documenting the injury, its extent and any treatments and/or medications required; receipts for any expenses incurred as a result of the injury (loss of earnings, transport costs, etc.) and so on. We at Accident Advice Helpline can help you to compile this evidence and bring your public liability claim to a swift satisfactory conclusion. Call us now on 0800 689 0500 or 0333 500 0993 to learn more.
Date Published: December 9, 2015
Author: David Brown