Slipped on pavement and broken wrist

[rockinmum]

Hi all.
after some advise if possible.
On Friday I slipped on an accumulation of mud on the pavement and broke my wrist in 2 places. The pavement is at a bus stop and has an overgrown hedge on the right hand side which forces you to the left of the pavement which is where mud has accumulated. I took 2 steps away from the bus and slipped in the mud on the pavement resulting in a broken wrist, significant pain and time off work etc
My question is can I make a claim against our local council for this?

It was an accident - these things happen. I can't imagine why anyone would go through the hassle of making a claim. Hope you feel better soon, and then you can forget about it.

It was an accident. Sorry it happened, I wish you a speedy recovery. Compensation won’t help with that.

I’m considering making a claim because I am now facing spending 6-8 weeks in a plaster cast unable to perform to my usual standard at work and with significant difficulty in day to day activities as it is my dominant hand which is affected.
This was a preventable accident had the council fulfilled their duty of maintenance of the pavement which I am now paying the price for

To answer your question, you might be able to but depends I guess on who the bush belongs to etc as you can't help mud getting on the pavement sometimes. In other instances such as uneven pavement etc that causes accidents I can see why someone would claim. In this instance it seems a bit greedy. It was just an accident as others have said

I don't think you'd get very far with a claim. Mud on the pavement in winter isn't uncommon and you can't prove the mud was there by fault of the Council.

If it was me, I'd accept it was an accident, because that's what it seems like - not everything has a "fault".

Hope the breaks heal soon.

I wouldn’t ask people on mumsnet. They will have an opinion on whether it is morally right to do so no on whether it is possible to do so. Ask someone with experience in this area.

It’s a tricky one. Does the council have a duty to keep all pavements clear of mud at all times? I don’t know. Where did the mud come from? Was it especially wet that day? What was the lighting like?

The Councils are hugely strapped for cash, there simply isn't the funds for everything anymore and 'nice to haves' like gardening are going to be the first things to go.

Personally, I'd write and let them know but my first thought wouldn't be compensation - it sounds like an accident, partly due to weather which isn't anyone's fault.

Hope you feel better soon

You can't really hold the council responsible for mud on the pavement. Just sounds like an unfortunate accident.

I think you may only get compensation if the council were made aware of the hazard and hadn’t repaired the issue.

You won’t know that unless you ask around the local area or as for a freedom of information request.

I should say I’m a lawyer though I don’t specialise in personal injury. I would say go back and take photos of the area if you can and then perhaps speak to a no win no fee type firm to get an opinion on whether there’s a claim. For a broken wrist and a 6 week recovery time compensation wont be a large amount but it won’t be noting.

I wouldn't expect compensation from the council for this. We have mortgage protection that will pay out for injuries and illnesses that prevent earning a wage so I would claim on that.

i despair. It was an unfortunate accident. Why do you think your fellow taxpayers should pay because you slipped over?

OP - speak to a No win no fee personal injury solicitor who will be able to answer your questions.
The “why would you dare to put yourself before cash strapped X, Y, Z) is a separate issue and you can decide on that once you have an answer to your questions

Generally you can only win against the council if a significant problem has been reported and they haven't acted in an appropriate amount of time. At this time of years there is significant buildup of mud from broken down leaf litter that they cannot reasonably clear each location weekly.

It sounds like just an accident. I've personally fallen over at this time of year, and I know it's because I was wearing shoes without any grip in slippery weather

You want to claim because you slipped on mud? It’s November. The council can’t keep every pavement free from mud.

You'll have to prove that the mud was their by their negligence and that they knew about it and failed to move it. But of a long shot really. Maybe a no win no fee ambulance chaser type might take it on .

Thanks to those of you who replied without assuming I am “out for money”, “greedy” or “despairing of the situation”. I’ll talk to a company once the Dr has confirmed the full extent of the breaks tomorrow.
Just to reassure you all that I am not a claim culture individual and would not dream of claiming had I not a) been significantly injured and inconvenienced, b) been sure that this issue has been reported previously and c) that h
this is not a normal day to day accumulation of mud but an ongoing issue on this path due to council negligence.

I won’t reply again and am going delete my account. Can’t believe some of the comments. I only asked for advice but apparently this is only offered with a side of derision and a lack of empathy.

No one here can advise you properly unless it's their area of expertise although I'd say you'd have to evidence they had prior knowledge of the issue and didn't fix it. I would certainly let them know what happened so they can rectify it though. I hope your wrist heals quickly.

I’m going against the grain but I think you do have grounds to make a claim for personal injury against the Council’s Public Liability Insurance.

Also worth looking at the Highways Act 1980.

As previous poster said. Take plenty of photographs of the mud, bus stop, hedge pavement.

Dont trip on the way out op....

Just in case you do come back, try your household insurance. Most include legal cover so you could get an informed opinion for free.
Hope you heal quickly

You want to make a claim because you slipped on mud? Seriously?

This. Non starter

Yes. It sounds like their mud removal department have not been taking their duties seriously. You should first make a formal complaint to the mud director seeking compensation out of court.