Potholes responsible for many claims
Local authorities in the Black Country and Staffordshire are spending increasing amounts of time dealing with compensation claims relating to personal injury caused by potholes both on pedestrian paths and on public roads.
Over the past twelve months, the local authorities have paid out thousands of pounds in compensation to victims of tripping and falling accidents or damage to their cars caused by potholes in the streets and roads.
In the past year, Sandwell Council, a small borough of Staffordshire with under 300,000 residents, dealt with over 200 compensation claims, admitting liability for thirty one per cent of those claims.
The claims have cost the council over £30,000, the majority of which was spent on handing out compensation to those who had suffered a personal injury or damage to property as a result of the council's poorly maintained roads.
The Freedom of Information Act means that the figures are open to the public. These figures reveal that £17,630 was paid out in compensation in the year 2007/2008.
As the council refuted the majority of the claims, the ended up spending £12,739 on legal fees and a tiny £433 on medical bills.
The average amount of compensation awarded was just under £500, however, the highest compensation payout in 2008 was £4,766.
The payout related to an incident in March 2008 in which the claimant tripped badly on uneven paving In North Western Road, Smethwick.
As well as the compensation which was paid out to the victim, the council also covered the cost of the claimant's legal fees, which totalled £10,016.
The council was involved in a similar claim where a pedestrian was injured tripping over broken paving stones just one month previously, in Giles Road, Oldbury, in February 2008, which resulted in a payout of £6,685.
Sandwell’s neighbourhood’s chief, Councillor Mahboob Hussain, said: “There are occasions when cars drive over footpaths which might do damage and there has been occasions when somebody has dropped a load and damaged the footpath.”
He added “We are well geared up when people report these issues and look into them as soon as possible. I don’t think potholes are something we’ve got a big problem with.”
However, residents who have been involved in accidents caused by potholes resulting in personal injury or damage to their cars, have a different opinion.
One claimant said: “There are potholes and uneven paving stones everywhere. The council need to sort the roads out or they will keep getting claims like this.”
They need to start looking out for their residents by providing roads which are safe for us to drive and walk on.
He added that the problem could be bigger than the statistics demonstrate, saying: “The number of people claiming doesn't even take into account those who have had accidents and not made a claim.”
Any council throughout the country has a duty of care towards it's residents and when someone is injured on their streets, they could be help responsible and a public liability claim can be made against the council.
Updated on 22/03/2009