Problems caused by poor road-surfaces in the UK
Posted on 20th February 2020
The state of the roads in the UK has, for some considerable time, been to the chagrin of the road tax paying driver. From causing personal injury through trips and falls, to road traffic accidents, our personal injury solicitors in Lancaster and Preston, have successfully pursued local councils for compensation.
But how about suing the council for damage to your car, where there being no personal injury, suffered to any occupant? Well, Sarah Holden, from Burnley, did just that. After a pothole caused damage to her car, to the tune of £600.00, she actively pursued Lancashire County Council, but failed, at the first hurdle, when they sought to rely on a Section 58 of the Highways Act 1980, and that they had a reasonable system of inspection in place on the road in question, the same being on the way into Burnley town centre, and therefore a busy road, with inspections twice a year.
Unperturbed, Mrs Holden commenced County Court Proceedings, with the matter being fully defended by the Council, right up to and including Trial. But you’ll no doubt be glad to know that common sense prevailed, and Mrs Holden won her case, with the council being Ordered by Burnley County Court, to pay the sum of £635.00 in damages, and £140.00 costs.
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So, a victory for the average road user. Well, yes, and no. Our personal injury solicitors in Preston have had great success on similar matters, all in local courts, and often at times, where the occupants of the vehicle have sustained a personal injury, or where a pedestrian has had a trip fall over a defect/pothole, and suffered an injury. But what must be born in mind here is that despite our personal injury solicitors’ successes, and indeed, that of Mrs Holden, a County Court ruling is not an authoritative precedent to be followed in compensation claims for personal injury, with each case being well and truly found on its own merits. In the case of Mrs Holden, to avoid further compensation claims, the Council have advised that they intend to double the number of yearly inspections of Burnham Gate, to four times per year.
If you have suffered a personal injury as a result of the state of disrepair of the pavement or road, and want to talk one of our local personal injury solicitors, then please do not hesitate to get in touch at enquiries@mglegal.co.uk. Our local solicitors offer a No Win No Fee service, with no cost for your consultation to discuss your personal injury claim.
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