Pavement accident and resultant personal injury - How to proceed

[Snoopy1948]

This week, while walking, I tripped on a pavement hazard and without any warning I rapidly fell with my face taking most of the impact. I did not lose consciousness but I was in shock and it took a minute or two before I could move or respond. There was a witness ( he was painting a shop front along the site of the accident ) and he can vouch for hearing the impact, my injuries and the poor condition of the pavement.

I was able to get home, being only a few hundred yards away, and I had sustained abrasions to my elbow, abrasions to one hand, and bruising and pain in the affected fingers. There were also abrasions to one knee. The most serious looking injuries though were multi abrasions to my face, two large injuries to forehead and abrasions on eyelid, and around the nose. I looked like the result of a serious physical assault. I also damaged my spectacles that are now unwearable and going in for assessment next week.

As I was in shock and feeling very unwell and disorientated, a neighbour immediately drove me to the local A&E where I was given an ECG, a full BP check and cleaning of the wounds. No stitches or medication required, but |I was given the usual head injury follow up leaflet and told to hydrate myself. My BP has fallen notably, apparently due to the system shock. I am 71 years old and retired.

I have photos of my injuries and the the offending pavement grating and my witness details who will vouch for my fall, my injuries and the poor condition of the pavement grating.

I do wish to approach the council myself on this one rather than use a solicitor or a legal claims company. What I need to know is where to address details of my accident and possible claim? We have a district council here but I am told pavements are the responsibility of the county council, in this case East Sussex County Council. . But to what department should I write and how do I detail my initial approach, and can that initial approach include full details, including photos of injuries, the poorly maintained pavement grating, copy information supplied by my hospital visit and details of witnesses etc?

Really appreciate some advice here on how to proceed. Thanks in advance.

[ostell]

Pick your local council, they will want to get the matter out of their hair as soon as possible and forward it on.

[des8]

The vast majority of pavements are maintainable at the public expense by the local Highway Authority (usually the County Council).
it has a statutory duty under the Highways Act 1980 to keep the surface in a safe condition and fit for the type of traffic which is ordinarily expected to use it. The duty is to maintain the structure and fabric, including the surface.

So your complaint is against the Highway Authority for injury suffered when using a publicly maintained footpath. There is a defence if the Highway Authority has taken reasonable care. It must show a reasonable and workable system of inspection and repair.

Here's where to begin: https://www.eastsussexhighways.com/a...on-forms/claim

[Snoopy1948]

[QUOTE=des8;n1533614]The vast majority of pavements are maintainable at the public expense by the local Highway Authority (usually the County Council).
it has a statutory duty under the Highways Act 1980 to keep the surface in a safe condition and fit for the type of traffic which is ordinarily expected to use it. The duty is to maintain the structure and fabric, including the surface.

So your complaint is against the Highway Authority for injury suffered when using a publicly maintained footpath. There is a defence if the Highway Authority has taken reasonable care. It must show a reasonable and workable system of inspection and repair.

Here's where to begin: Thanks Des8, that's exactly what i was looking for and as such I am now aware that I have to report the pavement trip hazard before any claim is submitted which I have done tonight. So everything in place to submit a claim ( as clearly stated in your supplied link ) and waiting on hard copy photos of injuries and hazard details to go with the submission. I can see that the case has of course to be proven in line with the guidance given. Thank you again.

[Snoopy1948]

Made a claim using the on-line information, submitted with photos, witness details and hospital confirmation and this is the reply fro ESCC today ::

"Thank you for your report on 1 August concerning a drainage grill in Marina Arcade, Bexhill and I was sorry to hear of your injuries.

The Highway Steward has visited the site but it is not part of the adopted highway so we are not responsible for maintenance of this area as it is private land. Highways are only responsible for the road and pavements along Channel View East and West.

You will need to make any claim against the landowner or landowners. If the land is registered you will be able to find out the ownership by going to the Land Registry.

The Land Registry can be contacted on:
Telephone: 0300 006 0411 Email: customersupport@landregistry.gov.uk

I am sorry but Highways are unable to help any further with this enquiry."

The road where I tripped is about 70 metres or so long with adopted roads either end ( as per reply above ) and it contains some small seafront dwellings, a club, a shop and an amusement arcade. Certainly the owner of the amusement arcade seems to think it is the council who maintain it. And now if the road is not registered, I guess I can only talk to the houses etc and see if they know who maintains their access road. Thank goodness the footfall there is absolutely minimal! And a lesson to anyone else who sustains injury along there!

Des8 : Best way to proceed now please?

[des8]

The maintenance of an unadopted public highway normally rests with the frontager (ie either the owner or occupier of the property adjoining that section of the highway).
So you need to ascertain who the owner is (£3 here https://www.gov.uk/search-property-i...-land-registry)
Then write to the frontager setting out what has happened, tell them what you are seeking by way of damages.
Tell them you hold them liable as the road is unadopted and frontagers are responsible for its maintenance. and advise them to pass the letter to their public liability insurers.

Good luck, but don't expect them to roll over, especially if they are tenants of the property and are unaware the road is unadopted.

[Snoopy1948]

Thank you so much for that Des8, I was indeed beginning to think that it may now be a lost cause and I cannot imagine any commercial claims company taking it on where the liable party may be difficult to identify.

From a map I was able to download last night, it looks like a minimum of nine properties will have frontages along the footpath in question and this includes on social club and a small amusement arcade. I have spoken to the guy who runs the amusement arcade and he was under the impression that it was the local authority who maintained the footpath. Of course he may be simply misdirecting me but I will try and source the Land Registry details today for his property and see what's what as I do have this name.

[Snoopy1948]

Hi again Des8 ... just an update, I completed a further Land Registry Search today on 'Land North of Marina Arcade' and that gave me an excellent map detailing ( and outlined in red ) including the property frontage/walkway. The better news though is that the Title Absolute for that land is the local authority, Rother District Council, so I am assuming the liability remains theirs. Only question I have is exactly to which department I should address my claim? They do not appear to have an on-line system for this ( unlike ESCC Highways ) so perhaps address the correspondence in the first instance to the Chief Executive?

[des8]

They have a section for reporting faults on roads and pavements (https://my.rother.gov.uk/en/AchieveF...directlink=%2F) so a letter to them in the first place perhaps. You can always copy in the CEO so they know you are serious.

[Snoopy1948]

Appreciate that Des8! The link takes you to external links to report pothole damage and potholes in need of attention and this is all to the County Council Highways as they assume all roads are adopted by the County Council.

Having trawled through Rother DC's various links ( they make it far from easy ) they talk about sending complaints in writing and addressed to their 'Complaints Administration' which would be simple enough. However, they qualify that further by stating that if the claim involves 'a legal claim' or has 'insurance involvement' then they must not be addressed to the Complaints Administration but still fail to explain what one should do in that case.

I have therefore emailed Customer Services at Rother explaining what I need to do and how I may best do it i.e. is it form specific and/or which department should I be corresponding with. You are right about the CEO because when I worked for a local authority, anything addressed to the CEO was dealt with quickly and efficiently. I know towards the end of the 23 years I spent with that local authority, measures were constantly being developed to deter customer contact in person and we all read that as a 'quieter life' for the staff and therefore ultimately, less staff!

I'll let you know what happens next!