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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5378
Experience:  Solicitor
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Whilst walking home I twisted my ankle walking over a very

Customer Question

Whilst walking home I twisted my ankle walking over a very bad uneven pavement and fell to the ground injuring my ribs, wrist and ankle. As I turned on my back to regain some air in my lungs some objects fell out of my pockets, one of them being a new mobile phone purchased one week ago.
As there were a few people around me trying to help someone must have picked up my phone, I wasn't aware of it missing until a I was limping home.
Can I hold the council responsible for this accident?
I will need to go to hospital tomorrow as It's difficult to breath properly and walk.
Submitted: 7 months ago.
Category: Law
Expert:  Jamie-Law replied 7 months ago.

Hello my name is***** will help you with this.

Do you know if they knew about the defect?

Customer: replied 7 months ago.
No I have no idea, I don't even know how to find out.
Expert:  Jamie-Law replied 7 months ago.

Ok - you need to write to the Council and ask for a copy of their inspection scheme.

It may say that they only intervene if a defect is over 35mm and they inspection every 2 months.

So if they inspected during their prescribed period and it was below intervention level they won't be liable.
If it became a higher actionable defect after inspection but before the next inspection and they didn't know about it, they will not be liable.

It would be only if they knew about it, or it was above intervention level would they be liable.

Can I clarify anything for you about this today please?

Customer: replied 7 months ago.
Jamie, I appreciate your info from your last message but I hardly think that is sufficient, it would be very easy for me to contact the council personally and get a reasonable answer. I was expecting you to take this problem of mine all the way to save me the trouble.
Expert:  Jamie-Law replied 7 months ago.

You want to instruct me directly to pursue a claim for you, is that right?

Customer: replied 7 months ago.
As you advertise helping people with their problems, I did expect as I mentioned a lot more than a couple of paragraphs of information which quite honestly is disappointing, I presume if you take it any further it will cost me a lot more money?
Expert:  Jamie-Law replied 7 months ago.

You may have misunderstood the remit of this site - it is an online question and answer service only.

We can not take cases on for you. I can tell you what to do and whether you have a claim - but I can not contact the Council, nor pursue a claim for you.

However I have outlined above whether or not you would have a claim and I will repeat it below for your attention:

You need to write to the Council and ask for a copy of their inspection scheme.

It may say that they only intervene if a defect is over 35mm and they inspection every 2 months.

So if they inspected during their prescribed period and it was below intervention level they won't be liable.
If it became a higher actionable defect after inspection but before the next inspection and they didn't know about it, they will not be liable.

It would be only if they knew about it, or it was above intervention level would they be liable.

Can I clarify anything for you about this today please?

Customer: replied 7 months ago.
Well if that's all you can do which is not satisfactory, I shall be asking for a refund.
Expert:  Jamie-Law replied 7 months ago.

Very well. Enjoy the rest of the bank holiday.