Personal Injury Claim

It is reported by the Local Government Association’s transport spokesman that 2017 “could be a tipping point regarding potholes”. Huge amounts of local authority cash are apparently being spent to fix potholes despite a government allocation announced in November 2016 of £17 million in the years 2017/18. 

Recently, a local authority was served a personal injury claim when, in 2012, a member of the public reported to the council the presence of deep potholes in the road. The evening after the council were notified, a person jogging unfortunately stepped into the pothole, lost his balance and fell, suffering injury to his ankle which left him unable to bear weight on it for 10 days. Subsequently, the pothole was filled and repaired. A claim was brought alleging negligence and breach of statutory duty on behalf of the local authority.  It was subsequently held that the council’s reporting system had failed and that reasonable steps had not been taken to prevent the injury. The judge stated that there must be some means of responding quickly to complaints from the public of serious and dangerous defects in the road.

Potholes are a modern menace for all road users and this recent case highlights the need for highway authorities to have suitable systems enabling them to act rapidly and appropriately to reports of serious road defects.

If you have been injured as a result of a trip or fall due to poorly maintained roads or pavements, please contact Claire who is a member of our specialist personal injury team on 023 9282 0747.

 

June 2017

Change in Law for Rental Property

A new Act will come into force on 20th March 2019 which states that any property let by a landlord as a home must be fit for living in. This includes private renting, social housing and houses of multiple occupancy (HMO).

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New service for identifying charitable bequests

Senior Probate Executive, Alanna White, comments on a new system alerting charities to when they have been left money in wills is to be established by HM Courts and Tribunals Service (HMCTS) following a decision to end its current arrangement.

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Do you need to insure your car if you don’t drive it?

Partner, Hannah Jones, considers the implications of a recent ruling from the European court of Justice, which was asked “Do you need to insure a car that is kept secured off-road and which you have no intention of using?”

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Uber drivers entitled to workplace protections

The ‘gig’ economy is characterised by the prevalence of short-term contracts or freelance work, as opposed to permanent jobs. It is either a positive working environment that offers a great deal of flexibility. 

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