Can I Make a Pothole Injury Claim?
To make a successful pothole injury compensation claim, it must be established that the party responsible for the land - usually the local council or a private landowner - breached their duty of care. Under the Highways Act 1980, local authorities have a statutory duty to inspect and maintain public highways and pavements. However, they are not expected to keep every surface perfect at all times.
To succeed in a pothole personal injury claim, we generally need to demonstrate that the defect was actionable and that the authority failed to follow a reasonable maintenance and inspection schedule.
Slipts & Trips
How Deep Does A Pothole Have To Be To Claim?
In the UK, there is a general guideline regarding the size of a defect required to trigger a successful claim. While every case is unique, the following depths are often used as the benchmark for actionable defects:
- Pavements and Footpaths: Usually a depth of 20mm to 25mm or more.
- Road Surfaces: Usually a depth of 40mm or more.
If the pothole that caused your accident meets these criteria, it is more likely that the highway authority or landowner will be deemed to have a case to answer regarding the safety of the surface.
What If The Pothole Was On Private Property?
Not all pothole accident claims involve public pavements maintained by the local council. Many accidents occur on private property, such as supermarket car parks, retail parks, private housing estates, or hospital grounds.
In these instances, the claim is brought under the Occupiers’ Liability Act 1957. The occupier - the person or company in control of the land - has a legal duty to ensure that visitors are reasonably safe. While private landowners may not always adhere to the same strict depth rules as a local council, they must still take reasonable steps to repair hazards or provide adequate warnings.
Typical Injuries from Pothole Defects
When a pedestrian unknowingly steps into a defect, the resulting fall may lead to more than just minor bruising. We frequently assist with pothole personal injury claims involving:
- Fractures: Common breaks to the ankles, wrists, or hips.
- Soft Tissue Damage: Severe ligament tears that may require long-term physiotherapy.
- Lacerations: Deep cuts or facial injuries that can lead to permanent scarring.
Essential Evidence for Your Claim
The success of a pothole accident claim often depends on the quality of evidence gathered. If you can do so, you should:
- Photograph the Pothole: Use a coin or ruler inside the hole to show scale and depth.
- Take Contextual Photos: Show the pothole's location in relation to nearby landmarks.
- Gather Witness Details: Contact information for anyone who saw the fall is vital.
- Seek Medical Attention: Your medical notes serve as official proof of the harm caused.
- Report the Defect: Notify the council or landowner and keep a record of the report.
Time Limits For Claiming Pothole Injury Compensation
Under the Limitation Act 1980, there are strict deadlines for starting legal proceedings. For most adults, the limit for pothole personal injury claims is three years from the date of the accident.
While the three-year limit is standard, there are exceptions for children, who have until their 21st birthday to claim, and for those who lack the mental capacity to manage their own affairs. Acting quickly is essential to ensure evidence is preserved before the pothole is repaired.
How Long Does It Take To Settle A Pothole Accident Claim?
The duration of a claim depends largely on whether the defendant admits fault and the severity of your injuries. Straightforward claims where liability is admitted early can often be settled within 6 to 9 months. However, if the council denies negligence or if your injuries are complex and require long-term monitoring, the process may take 12 to 18 months. Our pothole injury solicitors proactively manage your case to ensure it stays on track while you focus on your recovery.
Start Your Claim Today
If you have suffered an injury due to a pothole, the team at Cordell & Co is here to help. We offer expert guidance to help you secure the pothole injury compensation you deserve. Request a call back today!
How We Can Help
Our committed team of specialists will guide you through every step of the process providing you with honest advice and realistic outcomes to expect on your case. Our team are experts in personal injury and we have been helping people for 30 years. We have a proven track record in obtaining excellent results for our clients.
We also understand the mental, financial and physical difficulty you may be suffering with and will do our utmost to support you throughout the case.
