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Russ1977  
#1 Posted : 08 January 2014 16:59:44(UTC)
Rank: Forum user
Russ1977

Hi all, Quick question re responsibilities of local authorities. A neighbour had a fall in the high street due to uneven paving slabs, he wants to make a complaint to the local council and has asked me about their responsibility in such matters and whether they have shown negligence in allowing the slabs to remain uneven without any warning signs/notices etc. Personally its not an area I am well versed in so I have told him that I would ask around for him. Any advice would be appreciated. Thanks.
peter gotch  
#2 Posted : 08 January 2014 17:07:07(UTC)
Rank: Super forum user
peter gotch

Russ Various local authorities have different "intervention levels" for trips, typically 25-40mm.
Russ1977  
#3 Posted : 08 January 2014 17:09:32(UTC)
Rank: Forum user
Russ1977

Hi Peter, Thanks for the reply. I am a bit "green" in this instance, what exactly do you mean by intervention levels? thanks
firesafety101  
#4 Posted : 08 January 2014 18:45:43(UTC)
Rank: Super forum user
firesafety101

I once heard that if a trip hazard has been reported and someone trips before it is repaired the council are liable. They're not expected to know about every trip hazard however.
Canopener  
#5 Posted : 08 January 2014 19:25:53(UTC)
Rank: Super forum user
Canopener

IF your neighbour merely wants to make a COMPLAINT, this is very simple to do and will normally be clearly shown on their website, or alternatively just call them. However, your choice of language such as "negligence" suggest a slightly different agenda or motive. Councils do generally have set intervention levels (surely this is self explanatory!). That a council is aware of a (perceived) problem doesn't necessarily result in liability. The usual 'rules' of negligence and liability apply. Of course councils do have a duty to ensure that pavements etc under their control are maintained in reasonable repair, but NOT to an unrealistic standard. Perish the thought that they may want to spend money on other things as well!
Canopener  
#6 Posted : 08 January 2014 19:29:17(UTC)
Rank: Super forum user
Canopener

IF your neighbour merely wants to make a COMPLAINT, this is very simple to do and will normally be clearly shown on their website, or alternatively just call them. However, your choice of language such as "negligence" suggest a slightly different agenda or motive. Councils do generally have set intervention levels (surely this is self explanatory!). That a council is aware of a (perceived) problem doesn't necessarily result in liability. The usual 'rules' of negligence and liability apply. Of course councils do have a duty to ensure that pavements etc under their control are maintained in reasonable repair, but NOT to an unrealistic standard. Perish the thought that they may want to spend money on other things as well!
Canopener  
#7 Posted : 08 January 2014 19:30:36(UTC)
Rank: Super forum user
Canopener

Oops! Help please mods!
David Bannister  
#8 Posted : 09 January 2014 09:31:32(UTC)
Rank: Super forum user
David Bannister

Several years ago my mother fell over an uneven paving slab in the town centre, resulting in a fractured wrist and looking like she'd just lost a boxing match with Mike Tyson. The Council were able to produce evidence that they had inspected that part of the pavement the previous week when it had been fine. Claim rejected on the basis of good inspection/maintenance procedures in place = reasonable behaviour = no negligence. Maddening but correct. I had a hard time explaining to her why as a "H&S expert" I couldn't get any compensation for her! Evidence of a fall is not sufficient evidence to establish negligence, although the duty holder will have to do some work to defend.
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