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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 9107
Experience:  Barrister at law
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I suffered a serious accident in a public place due to a

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I suffered a serious accident in a public place due to a dangerous pavement that if in a workplace would be identified as a potential hazard. What law requires a local authority to address such an issue ?
JA: Where are you? It matters because laws vary by location.
Customer: I live in Worcestershire UK. T accident occured in Bromyard.
JA: What steps have you taken so far?
Customer: II reported the accident 5 days after on leaving hospital, An investigation was carried out . I have since put in a very modest claim for cpompensation, and issued proceedings. The case has been transferred to Worcester County court.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I explored no win no fee without success so am representing myself.

Hello and thank you for the question. I’ll do my best to assist you and provide an accurate and speedy response. Please bear with me as this is an email service and not live chat, replies will not be instant as a result. Also note that the discussions here are for general information purposes only and do not constitute a lawyer client relationship.

Let me just review your query and I’ll come back to you with any points I need clarifying in order to be able to answer.

The Highways Act 1980 (“the Act”) is the legislation you need to look at. Within the Act, s.36 provides that a path can be a highway maintainable at the public expense if certain conditions are met. Local Authorities have a duty to maintain such highways. If they fail in that duty, s41 of the Act provides that they will be vulnerable to compensation claims if the public are injured tripping or slipping on that highway.

There is a helpful case, from 2019, Barlow v Wigan Council [2019] EWHC 1546 (QB) that discussed these issues: https://www.judiciary.uk/wp-content/uploads/2020/06/Barlow-v-Wigan-MBC-Judgment.pdf

I hope that this is helpful?

I didn't hear from you again, but I trust that the information provided was of assistance.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.

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