Trip or Slip Claims

6th November 2014
Trip or Slip Claims image

Trip or Slip Claims

Introduction

One of the most common types of claim that our clients try to bring involves a slip or trip over uneven or broken paving stones/pavement on the public highway.  However just because there has been a slip or trip on uneven or broken paving stones/pavement does not necessarily mean that there is a claim.

The Defendant

Usually in such cases it is the local highways authority that is the potential Defendant and hence for most cases in the South Holland area this will be the Lincolnshire County Council.

Establishing Liability

To establish liability on the part of the highways authority the Claimant must prove the following:-

(i)         That the paving stone/pavement was “dangerous” to pedestrians;

(ii)         That the dangerous position was created by the failure to maintain or repair the paving stone/pavement; and

(iii)        That injury or damage resulted.

The test of dangerousness is one “of reasonable foresight of harm” to pedestrians, and each case will turn upon its own facts.

Evidence of Dangerousness

As a very general starting point, a slip or trip hazard of one inch or more is more often than not held to be “dangerous”.  However more recently the Courts have used a less formulaic approach.  Courts will also take into account the highways authority’s policy in respect of defects.  For example the Lincolnshire County Council policy suggests that hazards of more than 25mm are dangerous.

Statutory Defence

The highways authority will have a defence to a claim if it can prove that it took such action as was reasonable in all the circumstances to ensure that the particular section of paving stone/pavement was safe.  In short if the highways authority has a reasonable inspection programme, and follows it then it is likely to successfully defend a claim.  For example the Lincolnshire County Council has an inspection programme which states that “main shopping areas” should be inspected 12 times per year.  This is also in fact in accordance with national guidance, and therefore if the Lincolnshire County Council is following this programme then it is likely to successfully defend a slip/trip claim relating to a “main shopping area”.

However quite often we find that a slip/trip hazard has been in situ for many months if not years, which suggests that the highways authority is not keeping to its own inspection programme.  In such circumstances our clients are likely to succeed with a claim for personal injury resulting from the slip/trip.

Have you had a slip/trip within the last three years

If you have slipped or tripped on a public highway within the last three years and suffered an injury as a result, then you might have a claim.  Please arrange to see Daven Naghen for a free interview so that he can assess the merits of your case.  In such circumstances the first interview is free of charge to you.

If you want to speak to Daven about a potential claim then either ring Daven on 01775 722261 or email daven.naghen@maplessolicitors.com or write to or contact Grant at 23 New Road Spalding Lincolnshire PE11 1DH.


How Banks are Cashing in on Wills image

How Banks are Cashing in on Wills

Recent headlines have reported how banks are now cashing in on Wills.

During the 1990s and early 2000s, banks offered customers low cost Wills (or sometimes even free Wills) but the small print allowed the bank to charge extortionate rates to act as Executors. It is reported that banks are expecting billions of pounds of revenue from their Will writing services and administering estates and in some cases their fees have been over £12,000 to administer an estate as they look to charge a fixed fee PLUS a percentage of the deceased’s wealth.

If you or a loved one has made a Will through a bank we would urge you to check who you have appointed as Executors and check any small print which you may have signed. If you are unsure then please speak with one of our lawyers in the Wills and Probate team who can look at your existing Will with you. It may be appropriate to make a new Will which revokes any previous Will you have made which could save your family thousands of pounds when your estate needs to be administered.

In the majority of cases, when someone has passed away we can provide the family with a quote of how much the legal fees will be so that there are no nasty surprises once the administration is complete.

Read More

Testimonials

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs ACILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Claire Smith FCILEx

Claire Smith has been amazing in every way. I highly recommend her and I am so grateful for all her help. She’s professional on all levels, reliable, extremely organised and I will be recommending her to everyone. I’m very lucky to have had her representing me and I can’t thank her enough. She is an asset to Maples. Thanks so much Claire!