With the budgets of many local councils coming under pressure we’re seeing many of them finding new ways of cutting corners and that often leads to problems. Here we’ll look at what you should consider if you’ve suffered a personal injury due to council neglect.
If you’re on council property they have a legal duty to maintain it and ensure the area is safe and sound. Unfortunately, in an effort to save money many are falling behind on their repairs which means some areas are becoming unsafe. This might be a loose paving slab or something else that hasn’t yet been repaired. If this causes an accident, then it is possible that you will be able to make a claim for compensation.
Claiming for a personal injury due to council neglect
When you go to court, the onus of proof will be on you – which means you’ll have to demonstrate firstly that the accident was not your fault and that it happened because of something the council did or did not do that contributed to the accident.
This means finding evidence and this in itself can sometimes be a little tricky. Just because a paving slab is loose one day doesn’t mean it will still be that way some time later. Perhaps the council were planning to repair it but hadn’t got around to it. If they hear about the injury perhaps they might move very quickly to cover their tracks or at least make sure that the area does not expose them to any more compensation claims in the future.
Either way you should get pictures of the scene before it changes condition. The contact details of any witnesses will also be very useful as they can increase the amount of evidence building up on your side.
Finding a lawyer
Because of the specialist nature of claiming against the council it will help your cause significantly if you can find a lawyer who has some experience of making claims against the council. They will know what the council should have done and will be able to quickly spot whether or not they have a case to answer.
Because they routinely focus on personal injury due to council neglect, there is also good reason to hope that they might also argue the case better in court which will in turn improve your chances of getting a positive result.
Even then, though, there is no guarantee of success and it is possible that even after all this work, you might not get the compensation to which you were entitled. As such you will be happy to know that we work on a no-win, no-fee basis which means you only pay us if you win.
So if you want to know about personal injury due to council neglect, give our team a call today on 0800 689 0500, or 0333 500 0993 from a mobile.
Date Published: 20th March 2014
Author: Louise Thacker