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Hi I need some legal help regarding a person injury claim against a local authority. I would like to know if I have a case or not before I spend any money.
I believe the council have failed their statuary duties on the legislations I list below. Am I able to claim on any of these?
Environmental protection act sections 34,89
Regulatory fire and safety order 2005 section 5.4 puts the council as the responsible person it reads (where a person has by virtue of any contract or tenancy an obligation of any extent in relation to the maintenance or repair of anything in or on premises that person is to be treated for the purpose of 5.3) if what Iv read is correct the council have to comply with regulatory reform fire and safety order 2005 section 14
Highways act 1980 section 41
Breach of freedom of information act 2000
And can I not just claim negligence
I have found out a private rented property had been unoccupied for around 6 weeks and the bin containers for the use of the property but owned by the local authority to which were very damaged and stuck together with tape have been causing a nuisance to the public and local businesses. As the bin containers were damaged and have been causing a nuisance for some time I believe the council should had removed them. The bin containers were in a high trafficed location in the middle of a town full of restaurants shops ect which should mean Street cleaners would pass the bin containers causing a nuisance on a few occasions per day and therefore should either know about the obstruction or should had known
I had an accident where I slipped and fell on the bin containers lid causing me a life changing injury. The property the container is for the use of has no outside space what so ever you open the front door and your on public highways. As there is no outside space and the property has been empty the bins should be inside the property I can only assume from asking locals the bin container has been out on public highways the whole time the property was empty.
The rubbish collection day before my accident cctv shows the bin containers inside the recess of a fire exit door which is just that a doorway you would not need to put a foot on the private property to remove the bin container from causing obstruction to a fire exit door. The footage shows the Waste collector Operative looks at the bins in the fire exit doorway and does not touch the bins. I have been informed by the owner of the fire exit that on more than one occasion has had to remove the bins from causing obstruction to the fire door to outside the property the bins are for the use of we know who they're for the use of as they have door number written on them.
The bin container is a box which is more suitable for a flat the lid is just a sheet of plastic kind of like the ones you get on storage boxes you put under your bed. The day of my accident to which I have cctv of the lid was on public highways the lid could be mistaken for a drain cover I didn't see it and I stepped on it and went flying like I was on a skateboard.
I have put in a claim to the council they deny liability saying they're only responsible for the fabric of the highways and not things on it. I have done a subject access request of the accident to which I received. I also done a freedom of information request asking how long the bins had been there and that this could be done using cctv if there is any as at the time I wasn't sure however i later found out that there was cctv and this had been hidden from me but if there wasn't any CCTV they could get cctv of the bin lorries. I requested cctv going back a month I only received 1 day which shows the bins in the recess of the fire door. I believe this is a breach of the Freedom of information act 2000. I was also told that there was no evidence of how the bin came to be on the public highways however I was later told after cctv had been overwritten that someone kicked the bin lid into the road. I was also told prior to me seeing the cctv of the bin in the fire exit doorway that the doorway was a take away entrance which it wasn't it's deliberate dishonesty which is a crime under the Freedom of information act.
I have asked the council for a defence to my claim and more so to why they failed their statuary duties to which they have said we will not be communicating with you regarding this matter anymore and that they will defend the claim if I were to take legal action.
I would appreciate any legal advice positive or negative thanks in advance
I believe the council have failed their statuary duties on the legislations I list below. Am I able to claim on any of these?
Environmental protection act sections 34,89
Regulatory fire and safety order 2005 section 5.4 puts the council as the responsible person it reads (where a person has by virtue of any contract or tenancy an obligation of any extent in relation to the maintenance or repair of anything in or on premises that person is to be treated for the purpose of 5.3) if what Iv read is correct the council have to comply with regulatory reform fire and safety order 2005 section 14
Highways act 1980 section 41
Breach of freedom of information act 2000
And can I not just claim negligence
I have found out a private rented property had been unoccupied for around 6 weeks and the bin containers for the use of the property but owned by the local authority to which were very damaged and stuck together with tape have been causing a nuisance to the public and local businesses. As the bin containers were damaged and have been causing a nuisance for some time I believe the council should had removed them. The bin containers were in a high trafficed location in the middle of a town full of restaurants shops ect which should mean Street cleaners would pass the bin containers causing a nuisance on a few occasions per day and therefore should either know about the obstruction or should had known
I had an accident where I slipped and fell on the bin containers lid causing me a life changing injury. The property the container is for the use of has no outside space what so ever you open the front door and your on public highways. As there is no outside space and the property has been empty the bins should be inside the property I can only assume from asking locals the bin container has been out on public highways the whole time the property was empty.
The rubbish collection day before my accident cctv shows the bin containers inside the recess of a fire exit door which is just that a doorway you would not need to put a foot on the private property to remove the bin container from causing obstruction to a fire exit door. The footage shows the Waste collector Operative looks at the bins in the fire exit doorway and does not touch the bins. I have been informed by the owner of the fire exit that on more than one occasion has had to remove the bins from causing obstruction to the fire door to outside the property the bins are for the use of we know who they're for the use of as they have door number written on them.
The bin container is a box which is more suitable for a flat the lid is just a sheet of plastic kind of like the ones you get on storage boxes you put under your bed. The day of my accident to which I have cctv of the lid was on public highways the lid could be mistaken for a drain cover I didn't see it and I stepped on it and went flying like I was on a skateboard.
I have put in a claim to the council they deny liability saying they're only responsible for the fabric of the highways and not things on it. I have done a subject access request of the accident to which I received. I also done a freedom of information request asking how long the bins had been there and that this could be done using cctv if there is any as at the time I wasn't sure however i later found out that there was cctv and this had been hidden from me but if there wasn't any CCTV they could get cctv of the bin lorries. I requested cctv going back a month I only received 1 day which shows the bins in the recess of the fire door. I believe this is a breach of the Freedom of information act 2000. I was also told that there was no evidence of how the bin came to be on the public highways however I was later told after cctv had been overwritten that someone kicked the bin lid into the road. I was also told prior to me seeing the cctv of the bin in the fire exit doorway that the doorway was a take away entrance which it wasn't it's deliberate dishonesty which is a crime under the Freedom of information act.
I have asked the council for a defence to my claim and more so to why they failed their statuary duties to which they have said we will not be communicating with you regarding this matter anymore and that they will defend the claim if I were to take legal action.
I would appreciate any legal advice positive or negative thanks in advance
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