 A pensioner has been told that he does not have a claim for compensation, despite severe, debilitating injuries caused by a fall on an uneven paving stone because the stone was ‘not uneven enough’.
Michael Goodwin, an ex managing director aged 68, fell down on the pavement of Charlotte Street in Glasgow after he was tripped by an uneven paving stone.
As a result of the fall, Mr Goodwin split his thighbone, which meant that he had to have his leg in a brace and can only get around on crutches.
Mr Goodwin said that the pain of the injury was so severe that he passed out immediately after falling and had to be assisted by passers by who managed to help him make his way to a nearby bench.
Not wanting to cause an unnecessary fuss, Mr Goodwin made his own way to the Edinburgh Royal Infirmary in a black cab. Upon his arrival at the hospital, doctor’s realised the severity of Mr Goodwin’s injuries and informed him that he had a split thighbone.
With his injury blighting his life and seriously restricting his daily activities, Mr Goodwin decided that he would pursue a claim for compensation, mainly to highlight the sorry state of disrepair that Edinburgh’s roads are in.
However, he was told that the council would not accept liability as the paving stone in question was only uneven by 16mm, rather than the 25mm deemed to be unsafe by the council.
A letter which Mr Goodwin received from claims handing firm Gallagher Basset acting on behalf of the council stated that: "The council is obliged to maintain certain roads and pavements. However, it is not expected that they will be perfectly even. The area where this accident happened was examined and is not considered to be in such a condition that the council could be held liable.
"The defect causing your accident was measured at 16mm – however past case law illustrates that defects smaller than 25mm are unlikely to attract any finding of liability on the part of the council."
And the letter concluded: "Although we do have sympathy with you, we regret we must deny liability on behalf of City of Edinburgh Council and confirm we are unable to offer compensation."
Mr Goodwin says that he is not surprised, only disappointed as he felt that something really needs to be done about the roads, claiming, "Some streets you walk down are like a minefield."
Mr Goodwin said: "I accept that pavements can't be perfect and therefore there has to be a limit, but when you look at 25mm – or an inch – it's got to be the same depth as a paving stone or more.
"Nobody is going to get compensation unless they fall into a pit.
"This lets them off the hook and doesn't put pressure on them to improve the state of the pavements.”
"My regret is that they are getting away with an awful lot, something which to the normal passer-by might be potentially lethal in terms of the pavements."
The council said that as far as they are concerned the matter is closed and they have no further comments to make.Updated on 27/10/2008
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