Local authorities are fighting a constant battle to maintain roads and pavements to such a standard that members of the public do not suffer injury.
A recent case is notable because it got to the Court of Appeal although the claimant in the case was unsuccessful.
A cyclist sustained some serious injuries when he was cycling on a Welsh mountain road. He hurt his head, damaged his teeth and broke two bones when he fell off his bicycle due to a pothole in the road. He made a claim for damages against the Local Authority.
The Local Authority was aware of the pothole but as it was on a remote road and near to the edge of the road it was not classed as an 'urgent' repair.
A Court of Appeal Judge said: 'The risk was of a low order and the cost of removing such minor defects across the country would be enormous. There must be a sensible balance between public and private interests.'
The cyclist's claim was dismissed.
This case is a reminder that if you have suffered an injury in a public place, you may be able to make a claim for compensation. Each case will depend on its own facts and an experienced personal injury lawyer will be able to advise you as to the likelihood of success of such a claim, and whether you may be able to get help with the legal costs of bringing a claim.
To discuss any personal injury issue, contact us.