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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8540
Experience:  I have been practising for 30 years.
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Walking along High Street Burton-on-Trent, 10.10.2015 I tripped

Customer Question

Walking along High Street Burton-on-Trent, 10.10.2015 I tripped and fell and broke my hip femur bone, admitted to hospital via ambulance. I was wearing flat shoes, do not drink so I was not drunk, just walking along when I assume the tip of my shoe hit a slight raised area of the pavement, stumbling forward, and wham, I fell, it was a real shock! I am a pensioner aged 73 so no loss of income, I was reasonably fit, healthy, active and mobile.
Now loss of confidence, sometimes very scared walking in certain areas, in-case I trip over again, I have only just started to drive a little. I do not have any pain but frequent discomfort.
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.
How can I help with this please?
Customer: replied 7 months ago.
I would like an answer to my question please, is there nothing I can do about my injurty?
Customer: replied 7 months ago.
It seems money for nothing at this moment?
Customer: replied 7 months ago.
Is it possible to refund my money if you can not send me no reply
Expert:  Jo C. replied 7 months ago.
I'm not sure what you mean?
Expert:  F E Smith replied 7 months ago.
I will try to assist you with this. This is my area of law. The issue of trips on the highway has been to court on many occasions. Unless whatever you tripped on was at least 25 mm deep or high, (the diameter of a 2p coin) and that you have evidence of that then any claim would fail. You would need photographs or witness evidence of the size of what you tripped on.In addition, the highway authority can very often rely on what is known as a Section 58 defence which is a defence under that section of the Highways Act if they can prove from their logs that they inspected the pavement a reasonable period of time ago. Many of these inspections are done by simply driving down the road and I am of the opinion that they could not possibly find any defects doing that. Nonetheless, the courts will very often allow that defence.For that reason, you would be very lucky to get a solicitor who will take on a tripping claim on the public pavement nowadays even if you actually have some evidence.Can I clarify anything for you?

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