Claims Against The Council
The Problem: Injury Due to Local Authority Negligence
Local authorities (Councils) have a statutory duty to maintain public highways, pavements, parks, and other public land. If you suffer a serious injury due to a defect the Council should have fixed, such as a major pothole, raised kerb, or ungritted path, you may have a valid claim against them.
At Dorians Solicitors, we specialise in overcoming the Council's statutory defence often used to avoid liability.
The Legal Duty: Highways Act 1980
The Council's duty is defined primarily by the Highways Act 1980. For a claim to succeed, we must prove:
The defect (e.g., pothole, uneven slab) was the direct cause of your injury.
The Council failed to implement and follow a reasonable system of inspection and repair (the 'Section 58 defence').
The defect was significant enough to pose a hazard (e.g., typically over 1 inch/25mm on a footpath/pavement and 40mm on a road).
Why Choose Dorians Solicitors Ltd?
Claims against the Council are complex because they often rely on technical legal defences regarding their inspection schedules. Your experienced lawyer will use legal avenues (including Freedom of Information requests) to obtain the Council's detailed inspection rotas and repair history. We work with highway maintenance experts to prove their system was flawed or breached. We fight vigorously to ensure your compensation covers fractures, mobility issues, and lost earnings. We offer this specialist service on a No Win No Fee basis, and can secure interim payments if liability is admitted early.
Crucial Evidence: Protect Your Claim
The evidence you gather immediately following an accident is vital to proving your case. We strongly advise you to:
Document the Defect:
Take clear photos of the defect, using a ruler or coin to show its size and depth.
Identify the Location:
Record the precise address, nearby landmarks, or use a What3Words location, as Councils require exact coordinates.
Secure Witness Details:
Get names and phone numbers of any witnesses immediately.
Report the Hazard:
Note the date you reported the hazard to the Council, as this may prove prior knowledge.
Your Questions Answered
We know you have questions like “How deep does a pothole have to be?” and “What if they claim they didn't know about the hazard?” When you contact us for a no-obligation assessment of your claim you can ask us any questions or raise any concerns you may have. Once you become a client, you will have direct access to one of our lawyers to guide you through the claims process.
Contact Us Today
We understand the impact an injury can have upon you and your family and the urgency to take action. Our team of lawyers is ready to assist you. Ready to find out if you can claim compensation? Contact us for a free, no-obligation assessment. If we can assist, we guarantee a 'No Win, No Fee' arrangement.
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