Pothole Claim Help

[Gazzanova]

Hi everyone I'm new to the forum, I dont know if I've posted this thread in the right place so if I havnt I apologise in advance.

What it is I currently have a claim going and it has been denied liability. I was out running tripped over a huge pothole and broke my big toe which has led to other things going on depression, anxiety and panic attacks as I was very active and couldn't do anything physical.

So the reason it was denied was 'they have stayed in line with their duties in respect of the highway.'

I have pictures of the pothole and there was no markings or anything around it, to say they know about it and there going to fix it.

2 months after it happened I took the pictures of the pothole and it still wasn't filled in.

Also I didn't report it as it was the last thing on my mind.

Any information would be greatly appreciated

[des8]

under the Highways Act 1980 local authorities are responsible for maintaining public pavements and must have a system in place to perform regular inspections
When defects are found through inspections or from public complaints, the local authority has a duty to repair the defect within a reasonable time frame. What is deemed reasonable will depend on the usage of that area.
Under section 58 of the act the council have a defence to a pavement accident claim if they can prove they have a good system in place to inspect , and that the inspections are on a regular basis.
You will need to obtain a copy of the council's inspection schedule and of their actual reports (available from highways dept).
You will then need to show it was either not sufficient or not implemented, or that they ignored the need to repair the pavement

[Gazzanova]

Thank you very much for your reply des much appreciated.

Any idea how I would get the inspection schedule?

[Gazzanova]

Forgot to mention this was on the road and not the pavement, sorry.

[des8]

You need to write to the Highways Dept asking for it, if it is not already published on their website