Pedestrians and road users will occasionally come across one of the many pot holes that have been around for years. We have dealt with cyclists falling off their bikes riding through a disguised pothole filled with rainwater and pedestrians tripping over dangerous raised pavements in need of repair.
If this has happened to you then you may be able to claim compensation from the council responsible.
The council has a duty to make sure that the roads and pavements are reasonably safe and are expected to carry out a system of regular checks. The regularity of the checks depends on the area so you can expect that city centres will be checked more frequently than rural areas.
If you can show that the council has failed to identify and repair a dangerous pothole or pavement which causes you injury they may have to pay compensation to you.
So what should you do?
The first thing that we will need to know is what the pavement or pothole looks like. As soon as possible after the accident you must take photographs of the pothole and record the exact dimensions which is often needed so we can advise you on making a claim.
When taking a photograph it is a good idea to include a ruler or measuring tape alongside the area which caused you to trip. A fifty pence is also a good indicator of the size of the defect.
You should always try and obtain some photographs of the pavement or pothole like these so we can give you the best possible advice on making a claim and so you have evidence in case the Council repairs the defect.