WARRINGTON Borough Council has paid out nearly £150,000 for accident claims involving potholes and road defects since 2020.
When local authorities and councils fail to provide a duty of care in pedestrian areas, it can result in them having to pay out thousands of pounds for successful injury claims.
In the last five years, Warrington Borough Council has paid out nearly £150k in compensation following claims made against it.
Accident Claims Advice obtained figures showing that 189 claims for pedestrian accidents have been lodged against the council since 2020.
JF Law solicitor Lucy Parker said: “Pedestrian accidents can result in severe injuries, such as sprains, head trauma, and even broken bones, which means it’s essential that highways and footpaths are properly maintained.”
Councils and local authorities have a duty of care to ensure the safety of people using public spaces, such as parks, highways and footpaths.
An important part of this is ensuring the land under their control is properly maintained. If they fail to do this, pedestrians can be put at risk, and the council could be sued for injury compensation.
For example, if a local council fails to repair a pathway with a cracked surface or loose paving slabs, this can cause trips or falls, which can lead to painful, long-lasting injuries.
Of the 189 pedestrian accident claims against Warrington Borough Council, only 10 were settled with compensation, highlighting a large disparity.
40 claims were made against the council in 2020, the second-lowest number of claims over the past five years.
A year later, this number increased to 43 claims.
The council has experienced a drop in claims over the past year, with a total of 24.
Research from 2018 revealed that, across the UK, pedestrians who tripped on pavements were awarded at least £2.1m in compensation.
The AA found that 10,572 people made claims against local councils, but only 859 – just 8% – were successful.
The small percentage of settled claims continues to this day, often due to a lack of evidence against the council.
In order for someone to claim, they must prove that the local council or authority breached its ‘duty of care’ and that this directly caused the injury.
Accident Claims Advice obtained figures on how much Warrington Borough Council has paid out to successful pedestrian accident claims since 2020.
The council has paid out a total of £142,009.44 over the past five years, with the highest amount coming in 2021, standing at £92,753.44.
The Highways Act 1980 places a duty of care on local authorities to maintain many of the public highways within its boundaries.
The legislation requires a good system for regularly assessing roads and another system for repairing any defects identified.
There are many causes for pedestrian accidents, ranging from uneven surfaces to manhole and pothole defects, which can cause injuries such as sprained ankles and broken bones.
Warrington Borough Council revealed the most frequent causes of pedestrian accident claims that were made against them.
Potholes were the most common cause of pedestrian accident claims, lodged 140 times, followed by park and countryside defects, which saw 17 claims submitted.
Speaking to Accident Claims Advice, Lucy Parker said: “These accidents are often caused by preventable factors, such as poorly maintained roads and pavements or inadequate signage and lighting.
“It is vital that councils are held accountable for their negligence in these cases. Victims of these accidents may face extensive medical bills, rehabilitation costs, and loss of income.
“The claims that are lodged against councils not only help victims secure the financial compensation they need but also serve as a crucial step towards ensuring that local authorities maintain safer pedestrian environments.”
Accident Claims Advice offers support to those who have suffered injuries due to footpath or highway defects and can determine whether they are eligible for compensation.
They operate a 24-hour helpline and claim online form, which you can access on their website.
A Warrington Borough Council spokesperson said: “More than 9 out of 10 personal injury claims from pedestrians for the period 2020 to 2024 were defended.
“We have systems in place to maintain the safety of our highways and public spaces. All claims are thoroughly investigated, including checks for fraud.”
