Legal victory for woman injured in footpath fall

Posted 03/06/2010

A woman whose claim for compensation was contested by her local highways authority has won her legal battle.

Louise Bell, 49, tripped on the footpath outside her home in July 2005 and broke her ankle, the Romford Recorder reports.

She had to take six months off work and needed repeated surgery to correct the damage done, so she made a claim for compensation to cover her lost earnings, pain and suffering.

Although Havering Council originally admitted liability for her injuries, the organisation later withdrew this and attempted to appeal on the grounds that Ms Bell’s statement was “a fabrication”.

However, at London’s Court of Appeal this week, Lord Justice Jackson upheld a previous ruling which said Ms Bell should be paid personal injury compensation for the accident due to the “dangerous” four-inch deep depression on the footpath.

“The judge came to the conclusion, having weighed up the evidence, that, in relation to the occurrence of the accident, the claimant’s account was correct,” he added.

Ms Bell will now be eligible for a substantial sum in compensation.

It is the responsibility of council highway authorities to make sure that roads and paths are suitable for all users. Anyone who is injured may be able to make a compensation claim and should seek expert legal advice.

Simon Davis, a personal injury specialist at Ashtons Legal, comments: “Contrary to many insurers’ perceptions, very few people go to a solicitor and pursue a fraudulent claim.

“A solicitor will test the evidence long before the case gets to court and will give firm advice on the merits, even if it is that no personal injury claim can be made. People should not be deterred from getting that advice – Mrs Bell and her team should be congratulated for their persistence.”