Claims for joggers injured on defects in the highway are always difficult and are often hard fought by the responsible highway authority. This case was just like that. The jogger in question was on a familiar route and was caught out by a flagstone that had raised by one and a half inches.
We obtained expert evidence of his minor but troubling injuries being a deep cut to his knee and lip together with professional photographs showing some scarring. This was used to put the case to the local council who were forced to accept they had breached their duty to maintain the highway.
Arguments ensued around the issue of contributory negligence as is always the case in a jogger injury. Basically, our client was in danger of having his damages reduced by a percentage if a Judge decided that as he was jogging he was not taking all due care.
The settlement we acheived was a brilliant outcome and the client was delighted.