Trips on a Public Footpath

Trips on a Public Footpath

Trips on a Public Footpath

Claims arising out of tripping incidents which take place typically on the common highway and walkpaths are often because of uneven paving slabs or potholes that have been allowed to be created, sometimes due to insufficient maintainence.

There are two legal bases for claims resulting out of trips on the highway. The main statue giving rise to claims is the Highways Act which sets out that a highway authority, typically the Local Council, is responsible for maintaining the road in a rationally safe condition. There is a statutory defence under the Highway Act, in that if the highway authority can show that they have a good scheme of inspection they can establish the defence and stay away from liability for the accident.

The other possible reason of accountability for such trips on the highway is under the Occupiers' Liability Acts. This form of liability comes about either because the proprietor of the land where the incident happened is not the Local Council, or a highway authority, but a company or private person or where the incident takes place outside a Council house. According to the Occupiers Liability Acts the occupier of land, that is to say the legal owner of land, has accountability for the reasonable safety of visitors to the land. The Occupiers Liability Act 1984 sets forth that even if you are trespassing on property the owner of it still owes you a duty of care. For more information on how to start one of these claims, speak to your solicitor for more details.

The important thing to establish, in the beginning, with regard of trips on the highway is the precise nature of the tripping hazard and its dimensions. There is a requirement for the defect which caused the incident to be "dangerous". This is not defined but clearly the defect has to be of a significant size so that it is fairly clear that it is likely to cause a claim of this nature. The best means of proving the nature of the defect is with photographs, including a photo of the wider area for identifying the precise location of the defect and also containing a measurement to show the depth and danger of the defect.

A trip on the highway can cause very serious injuries such as broken ankles, broken legs or broken hands or arms, where you put out your hand or hands to break your fall. If you have a "trips on the highway" claim, you should consult a solicitor to see if you can make a claim.

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