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#1 Posted : 08 June 2007 16:26:00(UTC)
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Posted By Edward9 We recently had an incident where a member of staff tripped and twisted their ankle on a drain cover on our site. The drain cover is not defective, the area is well lit and on a path way which is used by staff on a daily basis. The drain cover sits approx 15mm below the pavement level. I have heard that councils will not payout on personal injury claims for uneven pavements, kerbs or pot holes etc which are under a certain size e.g 40mm. Does anyone have any clearer guidance on this as the person involved is a serial claimer!
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#2 Posted : 08 June 2007 17:10:00(UTC)
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Posted By David Bramall Edward The depth of the defect varies between authorities, although 40mm is not a figure which is set in stone by any means; 40mm would certainly be considered to be a defect with most. However, usually defects are classed depending on their depth such as Class 1 = 25mm, class 2 = 40mm and class 3 = >40mm, these figures are examples only. The reason for having different categories or classes usually simply indicates the timescale in which the defect should be repaired. Most authorities don't automatically pay out - especially for personal injury but will carry out some level of investigation to either recommend or refuse any offer of compensation. Ultimately, the decision very often comes down to a court decision - which does not necessarily reflect the authorities guidelines. Obviously if a defect has not been repaired within the given timescale, the authority will usually be found negligent. Hope this helps DrB
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#3 Posted : 08 June 2007 21:08:00(UTC)
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Posted By Bennie Hi - I read in my local news that a pensioner had tripped over a raised paving stone and suffered extensive facial bruising. This caused a large scale cry to the local authority with lots of people complaining of the state of the pavements. If I remember correctly, the local authourity replied that they will only deal with raised paving if above 10mm. The moral - depends on where you are and the authorities rulings. If your 15mm is in line with the local authorities action limits, then you will have a decent reason for not taking immediate action unless there are other similar incidents. However, if there have been reported instances in the past, I suggest you get this actioned ASAP
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#4 Posted : 11 June 2007 09:15:00(UTC)
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Posted By John Cook Edward would not get too hung up on what Local Authorities pay out on. These are not incidents at work. Workplace Health Safety and Welfare Regs are where you should be looking, specifically reg 12 Condition of Floors and traffic routes. Which states, the floor, or surface of the traffic route, shall have no hole or slope, or be uneven or slippery so as, in each case, to expose any person to a risk to his health or safety. It would depend on interpretation as to whether or not a 15 mm difference breaches this regulation. John
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