Involved in a Council or Local Authority Accident?
Being involved in a council or local authority accident, regardless of how serious the public place accident was, can be a traumatic experience – whether you have sustained any injuries or not. In cases where you are involved in a council or local authority accident that was not your fault, there may be a legal remedy. You can seek this legal remedy by way of a council or local authority claim.
Is my Local Authority Liable for an Accident?
Councils and Local Authorities are administrative bodies in local government who, as part of their rates, ensure the health and safety of members of the public in the local area. They provide many different services such as schools, sports facilities, transport services and maintain public areas including parks and roads. They are also responsible for ensuring the safety of the public in these services/careers.
Each local authority is responsible for the upkeep and maintenance of their area and the services which they provide. These local bodies are obliged to ensure that the public space that they are responsible for is adequately maintained. They have a duty of care to members of the public to ensure that their health and safety is a priority. In order to do this, they are expected to carry out frequent assessments of the services that they provide to help them identify and eliminate hazards which could potentially lead to an accident in a public place. It is also their responsibility to make people aware of these risks and hazards in order to reduce the risk of an accident occurring. If you have been injured on property under the responsibility of a council or local authority you may be entitled to make a claim if it was caused as a result of negligent behaviour on their behalf.
When is a Place Classed as a Public Space?
Before you can proceed with a personal injury claim, you will need to determine who was at fault for the accident. To this is, you must be able to understand if the injury you sustained occurred on a public or private space. A public space is an area of land that is freely accessible to members of the public. Some examples include public roads, parks, and footpaths.
Common Council or Local Authority Accident Injuries
Being involved in an accident in a public place can be a traumatic experience, especially if you have suffered any personal injuries. The most common injury claims that can occur after a council or local authority accident are:
Councils and local authorities have a responsibility to make people aware of any potential hazards which could potentially cause an accident. Adequate signage should be in place if there is maintenance work being carried out. This signage itself must be secure and not cause further hazard. Failing to warn people of the potential danger could mean that they do not have enough time to react in this situation and may sustain injuries as a result.
Poor Road Conditions
Poor road conditions are generally a leading cause of road traffic accidents. Claims against councils are commonly made as a result of potholes or uneven road surfaces which are a potential hazard for vehicles. These conditions should be repaired in a timely manner or there should be correct secure signage in place to make people aware of this until the issue can be resolved. This could lead to injuries such as whiplash or broken bones. It is important to note that if you come across a pothole that could potentially cause an accident, you should report this to your local council or authority in order to have this repaired.
This is a common cause of accidents in a public place. Poor maintenance could cause equipment to break, drains and manholes to be left unsafe or could lead to pipes becoming faulty and worn over time. It is important that maintenance is carried out on a regular basis in order to prevent this from happening.
A trip and fall on a footpath is a regular claim made against city councils where the pedestrian pathways are not maintained or repaired badly and also in cases where repairs are not made to footpaths in a reasonable time after they have been reported to the council.
Lack of Training
All employees should be provided with the necessary training that is required to carry out their job. This helps to reduce the risk of an accident occurring and allows them to carry out their job in a safe manner. This training should be provided to them by their employers who have a duty of care to ensure their health and safety at all times during the course of their work.
Common Accident Claims*
The most common council and local authority accident claims are:
What do I do if I'm involved in a council or local authority accident*?
Following a council or local authority accident, there are a number of steps you should follow:
Seek medical attention
Your health is your wealth and should be your first priority. Immediately after a council or local authority accident, take a second to assess yourself to determine if you have any injuries.
For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case, it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
Report the accident
It is important to report the accident to the local council. You should request that they complete an accident report form.
Identify any witnesses
Details of any witnesses to the accident – obtain their names and contact information.
Document the incident
It is important that you collect all the relevant information in connection with your accident:
- How the accident happened and the time and date of the accident.
- Details of any witnesses to the accident (including staff and other customers), their names, contact information
- If there are any CCTV recordings of the accident
- Take pictures from different angles of where the accident happened and what caused you to slip, trip or fall. Try to include a common object in the pictures to give an example of the scale, such as a coin or a pen. Take pictures of any injuries you suffered; this will help your solicitor to understand how the accident happened
Speak to a personal injury solicitor
If you are considering moving forward with a council or local authority accident claim for any personal injuries sustained it is advisable that you speak with a public place accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A council or local authority accident solicitor can help you prepare your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.