It’s lovely going for a walk in the Malvern Hills and in the parks around the place, but what happens if you were to be involved in an accident in Malvern Hills while out and about? In this article we’ll look at the specific issues surrounding making a claim for an accident which takes place in a public place.
A nasty accident in Malvern Hills
Let’s take this hypothetical scenario – there you are having a walk in the country when you slip and fall over a piece of pathway which had not been repaired. You badly damage your ankle meaning you’re unable to walk for a week or so.
Can you claim?
The issue of whether you can claim or not will focus on whether you can demonstrate to the full satisfaction of the court that the accident was firstly not your fault and was secondly someone else’s fault.
In this instance it will be the organisation responsible for maintaining that area. They will have to make sure that they take all reasonable precautions to ensure that the risks to you are kept to a minimum. If they have failed in this for any reason then they could be considered to be at fault for your accident.
Let’s say for the moment that the organisation in charge of that area is the local county council. They will probably have taken out public liability insurance which covers them for any injuries which are sustained to people while on their property. It will be this which you claim against.
The success or failure of this claim will all depend on what the evidence says. If possible you will need a photo of the damaged part of the path – otherwise it will be your word against theirs. By the time the case goes to court the chances are the council will have finally got around to repairing it in which case there will be no conclusive proof to back up your story. Therefore you don’t want to wait too long before you get a photo of the area.
Finding a lawyer
After an accident in Malvern Hills your instinctive reaction might well be to go looking for a lawyer based in the local area who can help but this is often a mistake. What you really need is a lawyer who has specific experience in claims against the Council. They will have all the knowledge and expertise to give you the right type of information.
However, even with the best lawyer in the world on your side there is no guarantee of success which is why it’s nice to have the benefit of no win no fee to act as a safety net. At Accident Advice Helpline we can help you find a no win no fee lawyer who can help after an accident in Malvern Hills so to find out more about what we do, call us on 0800 689 0500, or 0333 500 0993 from a mobile.
Alternatively, you could visit www.accidentadvicehelpline.co.uk for more information.
Date Published: 30th May 2014
Author: David Brown