Potholes in the road are a popular discussion topic in Liverpool at the moment as the Council say they don’t have enough funds to repair the current defective roads and pavements. Joe Anderson has recently stated that funds of around £400 million are needed to fix the current road crisis in Liverpool. It is believed there are around 34,000 jobs awaiting action by the Council.
This will of course impact on road users and the potholes may in fact be causing damage to vehicles using the road. Can a claim be brought against the Council then in these circumstances? Much depends on how long the pothole has been there or whether it is known to the Council. The Council have systems in place to detect and repair potholes and other hazards which could cause damage or injury. It usually has to be a pothole which has been present for quite some time in order for any claim to be successful. If your vehicle has been damaged as a result of a pothole, then you may wish to speak to your solicitor about this and they will be able to advise you as to whether you can claim.
Potholes can also present a hazard for pedestrians. As well as hazards on the roads, there are also many tripping hazards on the pavements in the City which could cause people to trip and injure themselves. If the Council have not carried out the required inspection or repair in the area where the hazard is found, then the injured party may well be able to claim compensation for their injuries and losses.
If you have tripped over a hazard in the street or something has caused you to become injured, which should not have been there, you should take clear photographs of the defect which caused the fall and keep these safe. Successful claims are built on the evidence that can be obtained from the accident locus including photographs, measurements and details of any witnesses (not just to the accident but to how long the hazard has been present). All of this is extremely useful to your solicitor when assessing whether you have a viable claim for compensation. If you have injured yourself due to a defect on the highway, you should speak to a solicitor right away as they will be able to gather this evidence before any repairs can be carried out.
If you need advice regarding a potential claim, please contact us to see how we can assist.