Tripped over a raised paving stone: Does my father have a claim against the council?

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askalot

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My father, aged 77, was out walking his dog at 11pm on Saturday night when he tripped over a raised paving stone, he fell and dislocated his shoulder. A couple of passerbys saw him on the ground and called an ambulance. Obviously he was in alot of pain but after several attempts the doctors in A & E were unable to reset the shoulder so he was taken to a ward. At 5pm on Sunday he was brought to theatre, he was put under a general anesthetic and they set his shoulder. He was discharged this morning (Monday) and has a followup appointment next week and will need physio.

The council repaired some of the paving in his area where the roots of trees had forced them up but for some reason they didn’t do this one. It is raised up by about three inches and is on a dark stretch of road.


Does he have a claim against the council? If so, would he be best to use a solicitor or go to the PIAB?
 
Re: Does my father have a claim against the council?

He may have a claim against the council but they may query as a matter of contributory negligence that a man of 77 was out on a busy night with a dog. If it was a large dog was he able to control it and still look where he was going?

Through no fault of Council's the crowds going to and from pubs at 11p.m. on a Saturday night would daunt a 77 year old.
 
Re: Does my father have a claim against the council?

nuac said:
He may have a claim against the council but they may query as a matter of contributory negligence that a man of 77 was out on a busy night with a dog. If it was a large dog was he able to control it and still look where he was going?

Through no fault of Council's the crowds going to and from pubs at 11p.m. on a Saturday night would daunt a 77 year old.
Click to expand...

This was on a quiet residential road and it was a small lap dog. Don't understand your last comment!
 
Re: Does my father have a claim against the council?

What difference does it make what time the OP's father was walking his dog?? The fact remains that he fell because the paving was in a bad state of repair. I reckon he has a very good reason to claim against the council. A friend of mine recently tripped over some uneven paving in the city centre - right before they repaved the entire section, as it happened. Fortunately, she wasn't badly hurt, but she did complain to the council, and was given a sum of money by way of compensation. By all means write to the council about this, and include photos of the area where he fell. Most likely someone from the council will ask to be taken to the site of the accident and will take their own photos, but you're as well off submitting as much information as possible at the outset. Hope your father makes a speedy recovery.
 
Re: Does my father have a claim against the council?

Your dad does have good grounds for a personal injury claim against the Council. If he decides to pursue it he will have to make an application to the PIAB. He can do this himself or via a solicitor. I recommend he instructs a solicitor.
Essentially he will need copies of his medical reports, details and proof of specials (out -of-pocket) expenses and preferably an engineers report.
His legal expenses will not be awarded by PIAB but he isnt under an obligation to accept their assessment so once they issue an Authorisation he can co to the courts where if sucessful he will be awarded his legal costs.
 
Re: Does my father have a claim against the council?

Your father would have a claim but he may need to consider getting an engineers report with photographs of the site to say that it should have been in better repair. If the parth was new then the stone should not have been raised.
 
Re: Tripped over a raised paving stone: Does my father have a claim against the counc

The friend I mentioned above didn't bother with the PIAB, a solicitor or an engineer's report. All she did was write to the council to complain about the dodgy paving. She then met with someone from the council who asked her a few questions, and asked to be taken to the site of the accident. Even though the paving had since been repaired, the council person took a couple of photos, then later sent a cheque.

I would recommend writing directly to the council responsible, and include copies of medical reports and bills. You could also send pictures of the offending path.
 
Re: Tripped over a raised paving stone: Does my father have a claim against the counc

Does your father have any witnesses? Would lack of same undermine his claim?
 
Re: Tripped over a raised paving stone: Does my father have a claim against the counc

The plaintiff will have to prove negligence on the part of the council, had they recently undertaken works there at the actual fall site and not replaced the stones/paving properly ?

I suggest seeing a solicitor over going through PIAB, I heard recently that awards are not as high through PIAB.

Hope he gets well soon !
 
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