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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47902
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have recently had a bad fall which resulted in me being admitted

Customer Question

I have recently had a bad fall which resulted in me being admitted to hospital
overnight,I tripped over a looser flagstone in Pudsey centre,I would like to know if I could
claim for damages, I am 83 years old.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What injuries did you suffer?
Expert:  Ben Jones replied 2 years ago.
To be able to claim for personal injury you must be able to show that the party you are suing was negligent. You would have to show that they had breached their duty of care towards you and that the injuries you suffered were reasonably foreseeable.
The fact that there was a loose flagstone does not automatically make the Council liable. There are thousands of flagstones over which thousands of people walk every day. It is inevitable that some may become loose and pose a hazard. The Council cannot be expected to fix these immediately and as soon as they become loose and a reasonable period must be allowed from the time it becomes loose for the Council to be informed and made aware of the issue and for them to fix it.
To prove negligence in such a case you must show that the Council had been informed of this issue but that they did not take reasonable steps to deal with it and fix it. So you would be claiming that the delay in dealing with it was unreasonable and it made their actions negligent, which would in turn breach the duty of care they owed towards you as a pedestrian.
So unless you can show in some way that the Council had known about this issue for some time and they did not take steps to deal with it, it will be difficult to claim. Of course there is nothing stopping you from approaching them and explaining what happened, asking for some compensation. They may agree to pay that just to try and resolve this without it going any further. However, if they refuse to then you are going back to the above requirements and it is best to approach a personal injury lawyer local to you, which would usually be able to see you for a free initial consultation and perhaps work on a no win no fee basis.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.