Almost everyone has had the experience of tripping on an uneven pavement and, in the majority of cases, pedestrians just pick themselves up and move on. As a High Court case showed, however, lawyers perform a vital role in ensuring that those unlucky enough to suffer life-changing injuries are compensated fairly.
The case concerned a man in his sixties who was walking along a residential street when he tripped over a paving slab that had been pushed out of alignment by tree roots. He suffered multiple fractures and a dislocated shoulder and was taken by ambulance to hospital, where he underwent major surgery.
After complaining to the local authority, whose duty it was to maintain the pavement in a reasonably safe condition for pedestrians, he was at first met with a firm denial of liability. About 18 months after the accident, however, the council admitted that there was a defect in the pavement that was not repaired within a reasonable timeframe.
When the man took action and launched a personal injury claim valued at more than £200,000, the council sought judicial permission to withdraw that admission. The Court found, however, that it would reflect poorly on the justice system were the council permitted to do so. Judgment on the claim was entered in the man's favour and, if not agreed, the amount of his compensation would be assessed at a further hearing.