Wednesday, January 28th, 2009
A 54-year-old man who injured his finger and grazed his face when he tripped on some cracked pavement has been awarded £2,837 compensation.
The injuries occurred when the man tripped on a section of pavement where the tarmac had become broken leaving a deviation of more than 1.5 inches. The injured man claimed the Highways Authority was negligent and had failed in its statutory duty under the Highways Act 1980 to maintain the area properly.
The authority disputed liability saying it had inspected the area as required and complied with the Act.
The man’s facial grazing healed up but he sustained a permanent minor deformity to the little finger on his right hand. He had not been able to work for a few days after the accident and then had to ask for lifts to work as he could not drive until his finger healed sufficiently.
The judge held that the authority was liable because the defects to the pavement were long-standing and so should have been rectified by the authority. By failing to carry out repairs it had failed to protect the man from a foreseeable risk of injury.
Anyone who sustains injury as a result of someone else’s negligence is entitled to claim compensation.
Please contact Steven Kinch if you would like more information.
© Copyright 2009 Burt Brill & Cardens Solicitors