Is the council covered by public liability?
The council have an insurance policy like any other public service and as a result they too have a duty to members of the public to safeguard against any accidents that may occur on their property.
Usually the responsibility of the local Council who have a duty to maintain the areas to a reasonable standard. If you are injured on a poorly maintained road or pavement then you may have a compensation claim. This cannot be taken to extremes but generally it is said that were a defect protrudes or indents by more than 1 inch then a claim may be possible subject to "inspection" records and maintenance checks.
Local highways authorities have responsibility for looking after your local roads and pavements. And there are laws to ensure public and private organisations protect their visitors from slips and trips.
If you are able to show that the council were responsible for the area and failed to maintain it in a way that is negligent then they may be liable for the injuries sustained.
Before beginning the process you must ensure that the council were responsible for the maintenance of this road – as if it was a third party then the claim may be brought against them rather than your council.
The defect must also be at least two inches in the road and one inch in the pavement. We would require photographic evidence of this taken with a tape measure in order to verify the height or depth of this defect.
The council also have a reasonable duty to inspect the roads once every twelve months so it would be necessary to provide a witness to confirm that it has been like that for at least six months. In addition if previous complaints had been made then the council would have a duty to go out and inspect it and rectify the defect if ample time was provided.
Updated on 06/07/2009