Unclear Kerb Causes Broken Ankle
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Pavement Kerb Fall Injury

Settlement: Almost £8,000

What Happened?

Our client was walking in Hanley town centre along the street when she fell off the edge of the kerb and broke her ankle. Our client fell because she did not realise that there was a kerb due to the fact that the kerb and the gutter were almost identical shades of dark grey which essentially disguised the kerb.

How Tinsdills Helped

The Council denied responsibility and said they had carried out a full and proper consultation and denied that the area was dangerous. It transpired from a document disclosed by the council that since the improvement works had been completed there had been 8 accidents reported over the last 12 months where the cause was stated to be the new paving. A number of alterations were made to the area after our client’s accident with the bricks to the gutter eventually being replaced with a different colour to help distinguish it.

The Council maintained that they were not to blame and court proceedings were issued, throughout which the Council denied responsibility.

Outcome

At the Trial, the Judge agreed that the kerb was dangerous and the Council should have been aware of this after the numerous accidents that had taken place and been reported to them.  The Judge also stated that the amount of time it took the Council to rectify the problem was too long.  As a result our client was awarded almost £8,000.

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