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Personal accident litigation - UK

  • 01-06-2013 12:26am
    #1
    Sebastian Dangerfield
    Registered Users Posts: 1,825 ✭✭✭


    About 3 weeks ago I had an accident in Newcastle. I was walking down the street and tripped over a rubbish bag someone had left out in the middle of the path. I lost my three front teeth, broke my nose and cut my face up pretty badly. I went straight to an emergency dentist so there is a record of my injuries, but I got on my scheduled flight the next day and since sought treatment at home.

    Everyone Ive spoken to in the UK since says to "sue the council". I hadnt considered it at first, but now Im looking at 6k plus in medical bills I would look at it should it be a possibility.

    I think I have no possibility whatsoever as i) I wouldnt have thought the council could be responsible for individuals throwing rubbish on a street, and ii) I was too worried about my teeth to take photographic evidence, and Im sure the rubbish has since been removed!

    I will do other research, but if anyone has any thoughts / prior experiences I would welcome them.


Comments

  • #2
    Timfy
    Registered Users, Registered Users 2 Posts: 740 ✭✭✭Timfy


    Alternatively, watch where you're walking and take a bit of personal responsibility...

    No trees were harmed in the posting of this message, however a large number of electrons were terribly inconvenienced.



  • #3
    Sebastian Dangerfield
    Registered Users Posts: 1,825 ✭✭✭Sebastian Dangerfield


    Very helpful, cheers


  • #4
    Blackrockcomet
    Registered Users, Registered Users 2 Posts: 73 ✭✭Blackrockcomet


    If you are in Ireland, talk to a Solicitor here and they can refer you to an English colleague and may be able to manage the case on your behalf


  • #5
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    Sebastian Dangerfield wrote: »
    About 3 weeks ago I had an accident in Newcastle. I was walking down the street and tripped over a rubbish bag someone had left out in the middle of the path.
    Lets just talk in hypotheticals to satisfy the charter, I don't know that the council would have any responsibility in such a case.

    Cases like this in the UK come under the Highways Act 1980. In British case law, one of the elements required in a personal injury claim of this nature is the establishment of a dangerous condition being created by the failure to maintain or repair the highway, and the council may raise a defence that the council had taken such care as was reasonably required to safeguard pedestrians.

    In this hypothetical case, the danger seems to have arisen from the behaviour of a resident; the council were scheduled to collect the rubbish bag in the normal course of their maintenance of the highway, but had not yet done so.

    In such a hypothetical case, a plaintiff would surely take a case against the resident or owner of the property in question. I'd suggest anyone in these circumstances takes the appropriate legal advice.


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