Would you sue for a bad fall on council footpath?

Fionne

Yesterday, I had a bad fall on a footpath, it's basically little more than a muddy track with kerbing at the edge, I slipped on the mud and cracked the back of my head on a stone wall as I fell. Got 8 staples in my head and spent 8 hours in hospital being observed for concussion.

People are saying I should put in a claim, I'm not sure, though god knows the money would be nice! I got charged €100 at A&E but other than that I'm not out of pocket as I've gone back to work cos I can't afford to lose wages.

What would you do and does anyone know if it's even worth the hassle of pursuing such a claim?

vicwatson

Depends on whether I would deem the council negligent or not

You must prove negligence, had the council recently done work on this kerb and left it in an unsafe way?

With all respect it sounds like you should watch where you are walking in future.

DainBramage

Speak with a solicitor, many are no win no fee for such a claim. They will send an engineer out to scene of fall to determine if you have a claim worth pursuing. Take some photos of where you fell and of your injuries.

Fionne

vicwatson wrote: »

You must prove negligence, had the council recently done work on this kerb and left it in an unsafe way?

The footpath has been in a bad state for years, there are plans for it to be replaced but I think it will be 2015 before it happens. There is no paving on the footpath, just kerb at the road edge, I presume there was originally tarmac on the footpath itself but it's worn away over the years and become covered over with mud so you really can't avoid walking in mud unless you walk on the actual road, which isn't safe as it's a busy main road.

vicwatson

Sounds like a hard to prove case tbh. Proving negligence is difficult.

smcgiff

If it's anything like potholes on the road then you'll not get anywhere. For potholes they can claim nonfeasance which allows them a defence of incompetence.

I've since lost the letter, but think that was the word they used. It meant, while they were not aware of the pothole they could not be held responsible for fixing it. It is only after they have been notified of a particular pot hole could they be liable.

I wondered at the time if a website highlighting all the potholes/other problem areas that had been notified to the relevant authorities would be useful.

But, anecdote suggests that people can claim from the council for personal injuries.

hullaballoo

Legal advice cannot be given here but since nonfeasance has already been mentioned, it might be worthwhile for you to look up its meaning and assess whether you ought to speak with a solicitor.

It's not an insurmountable barrier but because you've said the path has been like that for years, it suggests that it may have simply fallen into disrepair.

Pat Mustard

smcgiff wrote: »

If it's anything like potholes on the road then you'll not get anywhere. For potholes they can claim nonfeasance which allows them a defence of incompetence.

But if construction of the footpath/road was negligent in the first place, then misfeasance may be shown.

For instance, local authority workers lay a footpath inadequately. The concrete is too thin and the footpath begins to crack. Somebody trips over a crack and is injured. A personal injury action may be taken against the local authority on the basis of its negligence in the construction of the footpath; misfeasance.

It would take an expert to tell whether a footpath or road was constructed negligently. That's why litigation engineers inspect scenes of accidents.

smcgiff

The Mustard wrote: »

But if construction of the footpath/road was negligent in the first place, then malfeasance may be shown.

For instance, local authority workers lay a footpath inadequately. The concrete is too thin and the footpath begins to crack. Somebody trips over a crack and is injured. A personal injury action may be taken against the local authority on the basis of its negligence in the construction of the footpath; malfeasance.

It would take an expert to tell whether a footpath or road was constructed negligently. That's why litigation engineers inspect scenes of accidents.

I had a puncture on a sidewall of a €320 tyre by driving through a large pothole. The council claimed nonfeasance and I wrote back claiming malfeasance, but got nowhere.

For the sake of €320 I didn't get a solicitor involved, but was angry enough to come up with the idea of a notification website, a bit like the website where you can input your local petrol/diesel price, so the council could not claim nonfeasance... but quickly forgot about it.

Pat Mustard

smcgiff wrote: »

I had a puncture on a sidewall of a €320 tyre by driving through a large pothole. The council claimed nonfeasance and I wrote back claiming malfeasance, but got nowhere.

For the sake of €320 I didn't get a solicitor involved

That's unfortunate alright. Hardly worth incurring the expense of an engineer for that amount of money.

The_Minister

*Cough* Misfeasance *Cough*

Wheelnut

I spent several years on the council side defending claims like this and we almost always lost, so the OP can feel a little more confident.

One of our weaknesses was that we seldom could produce records in relation to the path. This was because many of the paths were constructed in the 1950s or 60s. The age of the paths also meant that they were not designed for modern traffic. They were designed for pedestrians but nowadays it is common to see cars and trucks parked on paths that were not designed for such weight.

Going by the OP's description I suspect that the road and the kerb were constructed but the path was never made. If this is so, it might be argued that the council should have put up barriers or warning signs to prevent people from going into the rough area.

Demonical

There is a website where you can report potholes
http://www.potholes.ie/

goz83

I'm reminded of that advert, where the guy is walking to the pub and the pathway behind him is breaking up and distorting. OP, did you have a jar, or three on you?

On a serious note, i'm ashamed to say that for 2 weeks, I worked as one of thise ambulance chasers and most of the claims brought forward were against the council and the cases were also on a no win no fee agreement. This was back in 2002 in Leeds. You may have something OP, but don't do it if money is the driving factor. It should be to claim for loss and any hardship suffered.

Frigga_92

FonE wrote: »

though god knows the money would be nice! I got charged €100 at A&E but other than that I'm not out of pocket as I've gone back to work cos I can't afford to lose wages.

How bad are your injuries?
You say you're not out of pocket but the money would be nice so why exactly are you considering taking a claim against the Council? Because the money would be nice?

john.han

26sdrawkcab wrote: »

How bad are your injuries?
You say you're not out of pocket but the money would be nice so why exactly are you considering taking a claim against the Council? Because the money would be nice?

People are entitled to recover for pain and suffering, and rightly so.

MarkAnthony

john.han wrote: »

People are entitled to recover for pain and suffering, and rightly so.

I'm personally suing everyone who moans about 'compo culture' on that basis alone!

(Disclaimer: Joke (not a very good one) I am not threatening boards or any boards user with legal action. Please don't lock me in prison with Gordon!) :pac:

History Queen

john.han wrote: »

People are entitled to recover for pain and suffering, and rightly so.

And what pain and suffering has the op suffered realistically beyond cost of A&E visit and couple of days of discomfort?

Sue happy people who believe the are ''entitled '' to a pay day because of what was realistically a relatively minor event are what have our insurance premiums driven through the roof.

Pat Mustard

History Queen wrote: »

And what pain and suffering has the op suffered realistically beyond cost of A&E visit and couple of days of discomfort?

Sue happy people who believe the are ''entitled '' to a pay day because of what was realistically a relatively minor event are what have our insurance premiums driven through the roof.

Mod:

Off topic, inflammatory comments that do not contribute to legal discussion are not welcome.

Frigga_92

john.han wrote: »

People are entitled to recover for pain and suffering, and rightly so.

Well I just find it interesting that the OP doesn't mention much about his injuries, says he isn't out of pocket but that the money would be nice.

Pat Mustard

26sdrawkcab wrote: »

doesn't mention much about his injuries,

FonE wrote: »

cracked the back of my head on a stone wall as I fell. Got 8 staples in my head and spent 8 hours in hospital being observed for concussion.

.

Dubl07

I nearly fell today on a pavement where two adjoining concrete pours meet. One part has been lifted about three inches, probably by the roots of the 40 year-old tree between the pavement and road. My hand is scraped from grabbing the garden wall but that's trivial. It's an area in which many pensioners live and walk and they'd be less able to avoid a fall. What steps can/should I take to have the dangerous pavement repaired? Just report it to the council?

Pat Mustard

Dubl07 wrote: »

What steps can/should I take to have the dangerous pavement repaired? Just report it to the council?

You could do that. If you mentioned that you had a fall and could have been injured, that might spur them on to take action. What might work also is if you contact your local city/county councillor and get him/her to look into it.

goz83

The Mustard wrote: »

You could do that. If you mentioned that you had a fall and could have been injured, that might spur them on to take action. What might work also is if you contact your local city/county councillor and get him/her to look into it.

It might take a while, but they will eventually send out a dozen workers to watch the new lad scrape a bit of soil and dust up to the adjoined pavements.

Fionne

26sdrawkcab wrote: »

How bad are your injuries?
You say you're not out of pocket but the money would be nice so why exactly are you considering taking a claim against the Council? Because the money would be nice?

As I said, I had to have 8 staples put in the back of my head, as well as minor aches and pains from the fall. I was kept in hospital for 8 hours being observed for concussion as initially after it happened, I was unable to speak coherently, which was terrifying as I was aware that I wasn't able to get words out.

I had to get the staples removed today, so in total I'm only out of pocket by €125, not much I know but a lot to me. The reason I considered claiming against the council is because a) it might make them repair the footpath and prevent further accidents (I'm not the first person to fall on it and likely not the last) and b) Yes, some money would be nice, at least the cost of my medical expenses.

Though, having searched on here it says I'd have to pay a doctor €250 for a medical report for the claim through the Injuries Board and I can't afford that so I suppose that's my answer.

goz83

FonE wrote: »

Though, having searched on here it says I'd have to pay a doctor €250 for a medical report for the claim through the Injuries Board and I can't afford that so I suppose that's my answer.

And €50 for the injuries board application. But, this gets included in any successful claim. As your injuries are minor and there are likely no lasting effects beyond the minir discomfort you are experiencing temporarily, your case (if you had one) would likely be settled more quickly than average. You would be looking at less that a year.

But, if the primary reason for considering a claim was to get them to fix the path, then you might consider writing to the council with your concerns and your medical bill. They might even reimburse you if you're lucky. Adding that you are considering making a claim might get their attention.

RoadhouseBlues

Last year I picked up an old woman who had tripped on the footpath. Her foot had hit against one of those round manhole covers. The edge of it was sticking up. She was real near to me and I saw her falling but didn't reach her in time. The poor thing split the bridge of her nose. Blood everywhere. She got a shock the poor thing and was upset. I sat her on a windowsill and waited with her while her husband came. He was across the road getting something. I wonder could she have sued. I mentioned it to a local councillor. And guess what. They never did anything about it. Its still the same. Still sticking up.

nuac

I had a successful claim against a garage forecourt in such circumstances - small hole for a flagpole not filled in, lady's toe caught in it.

The_Minister

RoadhouseBlues wrote: »

Last year I picked up an old woman who had tripped on the footpath. Her foot had hit against one of those round manhole covers. The edge of it was sticking up. She was real near to me and I saw her falling but didn't reach her in time. The poor thing split the bridge of her nose. Blood everywhere. She got a shock the poor thing and was upset. I sat her on a windowsill and waited with her while her husband came. He was across the road getting something. I wonder could she have sued. I mentioned it to a local councillor. And guess what. They never did anything about it. Its still the same. Still sticking up.

Write to the council about it.

A letter in writing is a paper trail.

dudara

There is a website for reporting faults to councils, it's a private site. Alternatively, just contact the council directly.

www.fixmystreet.ie