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Personal Injury

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thugulike | 10:00 Mon 12th Jan 2009 | Law
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I recently had an accident involving a badly sloping paving stone. My ankle is broken. I know that the local council are responsible for the maintenance of the pavement. What do I need to do to make a claim?

I haven't rushed into this and am reluctant to take this path (no pun intended) but I will be off work for at least 6 weeks.
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You need to go to a solicitor. They will tell what action you might be able to take.

Have you got any witnesses that you actually tripped on the sloping path?
Cheaper to make use of your local Citizens Advice Bureau or local Law Centre, who will act on your behalf (free of charge) and who are independent of the council. I would presume you have witnesses to the incident of your falling, or, if not, is there cctv footage ? You will also need medical evidence from the hospital Casualty Department where you were treated as to the nature of your injury.
The CAB will not conduct the claim for you though thugulike. A lot of solicitors will do a PI case on a no win/no fee basis if they think you have a good case.
Was there anything wrong with the path - was it badly maintained, cracked, broken?

You will only be successful if you can prove the council has been negligent in its duty to maintain the footpath. If the council can say they had inspected it in the weeks before your accident and it was in good condition and nobody had reported a broken slab, then they have not been negligent.

The courts state that it is reasonable to expect a walker to watch where he or is she going and take reasonable care of their own safety.
Many solicitors will give you a free half hour consultation.
go back and take some pictures before getting in touch with the council.
Sorry to hear about your ankle.

Please get some photo's/video footage of the offending paving stone ASAP. I'd recommend you use a reputable local solicitor - ask for a free half hour consultation.

Don't use any of the "ambulance chaser" type law firms.
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Many thanks for all your advice. I have checked with my insurance company and it seems that I have personal injury insurance as part of my package. I know CAB can't help as I'm a trustee on the board of the local bureau.

Mr thug has taken a photo today and I must say I am shocked at the difference in height on the paving stone. No wonder my ankle gave way. I'll get a note from the fracture clinic when I return in a few weeks time.
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