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Slip on Pavement Compensation

I have heard that it is not always possible to claim slip on pavement compensation from the local council when they have failed to grit the roads. Is this right?

Question:

I have heard that it is not always possible to claim slip on pavement compensation from the local council when they have failed to grit the roads. Is this right?

Answer:

Your entitlement to slip on pavement compensation hinges on many factors, but you are right in suggesting that you are not always entitled to claim for slipped on pavement compensation from the local council in all circumstances.

Although councils and highway authorities have a duty of care to maintain the roads and pavements in a safe condition, this duty of care is not “absolute”. Therefore if your slipped on pavement injury was sustained in a quiet cul-de-sac which the council may not have given priority, or your slip on pavement accident happened due to unforecasted freezing conditions as the council just started gritting, it is unlikely that a claim for slip on pavement compensation for your injuries would be successful.

However, if your slip on pavement accident occurred on a busy main road, or the council had plenty of warning that freezing conditions were due, a claim for slip on pavement compensation would be appropriate. Much will depend on the council´s own policy of what roads are gritted and when to determine whether they failed in their duty of care to prevent the risk of pedestrians slipping on pavements and, indeed, whether they adhered to their own policy on day on which your slipped on pavement injury was sustained.

As a claim for slip on pavement compensation is such a grey area, it is advisable that you discuss the circumstances surrounding your slipped on pavement injury with an experienced personal injury solicitor and establish that you have a claim for slip on pavement compensation which is worth your while to pursue.