Dodgy Pavement- Broken Ankle

hotelaccounts

Hi,

I dont know if I am posting in the right place- but any advice appreciated.

I'm 21 weeks pregnant. Last Fri evening I was walking on Dame Street and the pavement was a bit uneven. Went over on my ankle- ended up in A&E needing a plaster cast as its broken. Luckily baby bump is fine, but I am in constant pain, and I am struggling to get around on the crutches. I live in a duplex apartment- 3 flights of stairs- so I havent been home since, have to stay with my parents, and my hubby has had to take some time off to look after my 3 year old. I work from home as a freelance accountant, so far this week have got very little work done as I cant sit at laptop for any length of time. Basically- a disaster!!

Anyway, have I any 'leg to stand on' (pardon the pun) with the council for compensation? Usually I would just put up with something like this, but its causing me so much distress and affecting all areas of my life, and others. I am also worried about how long it will take to get back to normal, as obviously with being pregnant I am getting heavier each week which will surely impact on my ankles ability to bear weight? Also as I get bigger its going to get harder to get around on crutches, and its pretty much impossible already.

A lovely lasy came out of a shope beside where I fell to help me, and she said that the path has been lethal since the bad weather and she has seen a few people fall in the same spot. I have got my hubby to go and take photos just in case its repaired soon....

I'm not usually the litigious type but this has really caused me pain and suffering....

seamus

It really depends on nature of the unevenness of the path.

If the is uneven simply through wear and tear/weather/aging, then the council cannot be found liable for any damages.

However, if the path was uneven due to a bad repair (such as a big mound of tarmac) or a poorly done repair which washed away in the rain, then you may have cause for a claim.

Your best best is to contact Dublin City Council initially and ask them what the process is for making such a claim. They probably have a department who deals entirely with this kind of stuff and a standard process for handling injury claims. If you're not happy with their response, talk to a solicitor.

hotelaccounts

Thank you, I appreciate the quick response.

dudara

Not a Consumer Issue - moved to Legal Discussion

dudara

McCrack

Firstly sorry to hear about your accident.

Secondly do not contact DCC yourself. Contact a solicitor who in turn will contact DCC asking them to admit liability. A process will follow and it could take up to 3 years to settle depending on a range of factors but that's the nature of litigation.

In the meantime have somebody photograph the place of accident (I have known local authorities to do a quick repair job at the locus when they get wind of a pending claim) and keep your receipts for any monies spent on prescriptions, A & E etc. A loss of earnings claim often is included in these types of claims so be aware of that too.