As expert personal injury solicitors based in Flintshire North Wales we are often asked to help clients from the area who have sustained injuries from trips slips and falls. In this case we acted for a lovely client who sufferred a type two ankle strain when he fell in Connah’s Quay.
The land where he fell although it had the appearance of being adopted highway, actually turned out to be owned by a private land owner.
Where clients fall when out and about and are injured the injury compensation claim could lie against the highway authority or the owner or occupier of the land and it makes a legal difference as to how the claim is presented.
If the land has been formally adopted by the local authority it becomes a Highway and so the Highways Act 1980 applies. Under s41 the authority has a duty to maintain the Highway and if defects occur and cause tripping accidents they could be liable to pay compensation.
If the land is privately owned then the Occupier’s Liability Act 1957 or r1984 could apply which set our different legal duties owed to lawful visitors and trespassers.
The law in this area is complicated however for our local client we identified the correct approach and secured an excellent award for our client’s sprained ankle injury claim.