Claiming Compensation For Pothole Damage
Thursday, 25. April 2019
In 2012, a lawsuit was brought up against a McDonalds restaurant due to a slip and fall injury. In the suit a 54 year old woman claimed to have suffered a severe injury to her spine.
Over the course of the investigation, it was determined that the owner had received the proper guidelines on maintaining a clean working environment while keeping things safe and clean.
The final verdict came in that the staff of McDonald’s failed to follow the inspection protocol and there was spilt food/drink and the woman won $2.6 million in economic damages and $3 million for non-economic damages for diminished quality of life.
Whilst compensation in the UK is nothing like the compensation paid out in this case similar rules apply in slip and fall cases. And if my memory serves me correctly the lady involved actually spilt the ketchup in the first place.
So what has this got to do with potholes? When the roads in this country first started to deteriorate local authorities found it cheaper to pay for the occasional tyre blowout and bent alloy than repair the roads. You would take a photo of the pothole and send it with a receipt for the repair and the local authority paid out instantly.
Similar to the responsibility of those who maintain public spaces to make them safe for the public you would assume that the same applies to local authorities when it comes to potholes. But it seems to have changed and the same rules of responsibility apply. You now have to prove that the local authority was already aware of the pothole and did nothing about it. Or doesn’t have a maintenance programme in place. This has got to be wrong.
I always recommend that you take legal cover with your car insurance as they can give you legal advice in these circumstances and even send you a legal letter that you can use when claiming compensation. If you have a winnable case they may even take the council to court on your behalf..
If you haven’t got legal cover you can upgrade your policy or the RAC offers a very good policy for just £15 per annum. Always take advice from a financial advisor before taking out insurance. By Graham Hill
