Claiming Personal Damages From A Council

[horseshoes]

..... I realise this is potentially a hopeless cause but please give me some advice on this.

My Mum fell last Friday and dislocated her shoulder. The council have made an improvement to a small wooded path which serves as a short cut from the village centre to a the outer road where Waitrose and another car park is located across the road for this path. They installed a type of kissing gate. My Mum came through the gate and thought there was just a little surface water on the pavement. She fell forward quite a way and landed partially on the pavement and partially in the road causing the driver to stop very suddenly. The driver got out to see how Mum was and was very visibly shaken herself. Fortunately and off duty nurse stopped to help Mum and took her to A&E where she had an X-ray and was found to have an "empty shoulder". She was put under anaesthetic to replace it. More worryingly, was that she cold hardly walk but wasn't X-rayed at the time. She was given an appointment to attend fracture clinic today. She was in such agony that she went back to A&E on Monday and had an X-ray on her hip but nothing showed up she has steadily got worse and today could barely stand to get dressed. When she attended fracture clinic the doctor has admitted her and she will have an MRI/CT scan hopefully tomorrow. Right then, that's the story of what happened. We asked her what she'd fallen on and she didn't know. Se said it just looked like a puddle. My husband went to look and in fact it's a new drain which is quite low, surrounded by mud and was overflown quite deeply with water. You couldn't tell it was a drain. The drain is situated at the gate and there's only a short distance to the road. My husband thinks that at the very least there should be a rail at the pavement edge as it is at the end of a walkway.It could have been a MUCH worse accident. I'm going to try and upload some photos to show you. If a barrier SHOULD be there, then I consider the council has likely been negligent. Apparently, someone has already complained about it, but that's only 2nd hand hearsay. What I want to know is this: If my Mum claims from the council, is it likely to be successful. This is going to prevent her from driving and as my Dad is disabled, is going to change their lives dramatically. Any monetary award would enable them to take taxis etc to the shops (they live rurally) and just would not manage without my Mum being able to drive. Also if she were to make a claim, would the accident lawyers 4u type firm be suitable. Advice please would be very gratefully received.

[BlackadderV]

1. On the contrary I don't think the cause is at all hopeless.

2. If you are going to take photos, do so before the council get wind of it and try to camouflage it.

3. Beware of ambulance chasers. Go to a reputable firm. If they don't think they can win the case they won't take it on. Otherwise you have nothing to lose, if you win then costs are paid by the other side.

[horseshoes]

Thanks Blackadder. What happens if she loses? How much are costs? Roughly?

[horseshoes]

I'm sorry, but I'm having to post pics separately. These were taken two days later. We do have photos of it overflowed with water too.

http://i61.tinypic.com/1zplcnd.jpg

[alavahalf]

Don't mention it to the council until you get your photos. Make sure you use a straight edge (spirit level) and a tape measure when you take the photos, these will help emphasize any discrepancies in the footpath.
My son had his car badly damaged by a collapsed kerb and he informed the County Council of it, telling them of the damages to his car. Within 4 hours they had sent a team to sort the road out.

The following day I sent the Council photos I had taken within an hour of the incident ... just before they removed the evidence ?

[BlackadderV]

If there was a chance she'd lose then she would be advised not to proceed. You can go down the commercial route, which will cost nothing, but they may settle for a smaller figure. In any case, your mother has nothing to lose.

[horseshoes]

http://tinypic.com/m/igk8qa/3

[BlackadderV]

Unfortunately your photo does not show an obscured drain. You really need expert legal advice htan good intentions from this site.

[horseshoes]

http://i59.tinypic.com/2v1rcr5.jpg

[BlackadderV]

Very iffy. I have changed my mind, your best bet might be one of these PI firms. At least you can't lose.

[ummmm]

What are your photos trying to show?

[horseshoes]

Sorry Umm, just back from hospital. My photos are TRYING to show the position of the drain, the short distance from that to the road etc. it is usual that when there is a walkway such as this, thereis then a barrier/handrail at thenoavement edge. We have other photos which are on our camera taken a day earlier than these on the iPad, which show that the water is 3 inches deep and obscuring the drain completely. Even if she doesn't claim from the council, I'd say it was imperative that a barrier is put at the pavement edge.

Blackadder, I can 100% assure you it WAS obscured when she fell; by 3" of water, which we DO have a photo of. So do you think the Lawyers4U type firm will be the way to go? Thank you for your help, I do appreciate it. x

[ummmm]

I really can't see you winning a claim. There are drains in every street and sometimes they overflow.

[SirOracle]

From the photograph I would say that the Council do not appear to be guilty of malfeasance here.

A person has a certain duty of care to look where he/she is walking and to avoid things such as drains.

However it is entirely up to you whether to instigate a claim,and as already stated,consult a lawyer. See what the lawyers opinion is,because it may well differ from my opinion.

Good luck.

[horseshoes]

I realise there are drains in every street, but they are normally on the road NOT on the footpath. I wish I could show you the other photos because you rally COULDN'T see the drain so matter how much attention you paid to where you walked!

[Peter Pedant]

The councils have had a lot of practice thro damage caused by failing to fill in pot-holes

so yes - give it a go....

I fell a over t+t in a pothole and broke a rib as I hit the kerb
and was encouraged to claim
[ I just couldn't show loss - as my employer paid me ]

[ToraToraTora]

is this in Liverpool by any chance?

[SirOracle]

Peter Pedant.........What ! no solatium even.

[mccfluff]

horseshoes, you may want to set your tinypic settings to private...

[lcg]

wrong type of drain for a path where pedestrians are, and you can clearly see there has been standing water around it previously (for other posters who don't seem to get that) which would obscure the drain. you need to return to the site when it is dry and demonstrate with a ruler/tape measure how sunken it is (as your mum stumbled) and then again when the drain is overflowing to demonstrate the obscured drain (and the depth of the water at that time. do this before you contact anyone as they will go and alter it! your pictures now are ok, but you really need to improve them.

[factor-fiction]

horseshoes- please look at mcfluff's advice regarding settings. Lots of your other picture seem to be available via your link