Defective Bollards Accident Claim *
Defective bollards can create the risk of accident and injury * due to them becoming a trip hazard for both pedestrians and cyclists. Bollards generally become defective as a result of poor maintenance or being damaged by vehicles crashing into them. Bollards are usually in place to control traffic from entering a particular area. There are a number of road accidents which can be caused by this which can lead to long-term injuries. Bollards generally block vehicles from entering private or council property so it is the occupier of the land in which they are placed who is responsible for the maintenance and upkeep of these bollards.
The Occupiers’ Liability Act 1995 states that an occupier of premises owes a duty of care towards a visitor. They should show a reasonable duty of care to ensure that they maintain the premises so that health and safety is the number one priority. They should put necessary precautions in place to make sure that nobody sustains an injury on their property *. All occupiers are required to carry out regular maintenance within the boundaries of their property so as to reduce the chances of an accident occurring and to ensure that the site is safe and free from defects. This is known as occupiers’ liability. If an occupier has acted in a negligent manner which has led to the cause of injury then a claim may be made against them.
All landowners are expected to be aware of any potential hazards and dangers. There should also be necessary precautions in place on how to act on any issues that arise. When making a claim it is important that you determine who is liable for the cause of the accident. If an occupier has failed to maintain a safe environment as a result of negligence then it is likely that they will be found liable. If it is found that another person or even the injured led to the cause of the accident that they may be found responsible. It is important to note that if it is found that the injured person contributed to the cause of the accident, through contributory negligence, then they may not be eligible to make a claim.
- Vehicles crashing into bollards
- Poorly maintained bollards
- Broken bollards
- Breach in duty of care
What to do if you have been involved in a Defective Bollard Accident *
Following an accident where you have sustained personal injuries *, there are certain steps you should take if you are considering making a claim for damages. There are certain details which you should take note of.
- Date, location and time of the accident
- Details of both witnesses and people involved
- CCTV footage, if applicable
- Photographs of both the scene and injuries sustained
- Information relating to the occupier of the premises
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