Ask Our Experts
Samantha Robson
Clinical Negligence and Abuse Claims
James McNally
Public Liability
Caroline Hudson
Road Accident Claims
John Hasson
Accidents at Work
Mike Clarke
Motorcycle Accidents and Head Injury Claims
Lee Dawkins
Solicitors' Negligence
Roger Cheves
Holiday Accidents
Nick,
If the council are responsible for where you fell then the relevant bit of law is s 41a of the Highways Act which says:
"a highway authority are under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice."
The key phrase there is "reasonably practicable". The Courts know that it wouldn't be fair to make the council grit every path and every road. It would cost a fortune and be a logistical nightmare. So they don't expect them to do this. What they do expect is for the council to have considered the path in question and its use and thought about whether or not it would be unreasonable for them not to do anything.
A council not gritting a path does not therefore mean that they are automatically liable for someone slipping on it.
A council not gritting a path despite receiving recommendations to do so or complaints about that path or just choosing not to do so without implementing any specific system of inspection or code of practice would be more likely to be found liable.
My advice would be - get medical treatment if you haven't already done so and contact a solcitor who can make further investigations with the Council.
James