Securing justice for an elderly client after a preventable fall

In: Personal Injury Claims

When walking on a public footpath, most of us assume it is safe to use. But sometimes a small oversight can cause serious harm. For our client, that’s exactly what happened.

A normal day – until it wasn’t

In June 2022, our client, in her early 80s, was walking along a public footpath in Spurr Court, York. She was taking the washing to the line at the back of her flat, but as she walked, she tripped over a raised sewer cover. She lost her balance and fell heavily onto the pavement, sustaining injuries to her right wrist and head and broke her glasses in the fall.

Unfortunately, after being checked at the hospital, our client was informed that she had broken her wrist, needing a cast and a sling for her arm. This meant she also had to revisit the Fracture Clinic at the hospital multiple times for check-ups until the cast was removed after six weeks.

These injuries were later assessed by an orthopaedic consultant, who confirmed the extent of the trauma and the impact it had on her daily life.

The Council’s Duty of Care

Local authorities have a legal duty to maintain footpaths so they are reasonably safe for public use. In this case, the City of York Council had a duty under the Highways Act 1980 (as the footpath was a highway) and a general common-law duty of care to ensure the footpath was properly inspected and maintained.

In this instance, the raised sewer cover revealed that this duty had not been properly met. The defect turned a lawful, everyday stroll into a serious accident.

This wasn’t a slip or misstep on the part of the pedestrian – the hazard was avoidable and should have been addressed long before the accident occurred.

How Switalskis stepped in

Our personal injury team was instructed to act on behalf of the client. From the outset, we acted quickly to:

Investigate the condition of the footpath.
Gather photographic and witness evidence.
Obtain expert medical reports.
Set out a detailed letter of claim to the council.

Given the strength of the evidence, the City of York Council admitted liability in a formal letter in March 2023. This meant the council accepted responsibility for the accident and injuries caused.

What this meant for our client

With liability admitted, our focus shifted to securing full and fair compensation for our client. Our team prepared a detailed schedule of the financial losses and personal impact she had suffered, which included:

Pain, suffering and loss of amenity
Medical treatment
Assistance required after the accident
Other expenses linked directly to her injuries

As the claim was properly structured, and our evidence led the council to accept their responsibility, our client avoided the uncertainty and stress of a prolonged court battle. Instead, she could focus on her recovery while we handled the legal process.

Why this case matters

This case highlights several important truths:

Public liability

Even small defects in public pavements – a raised cover, an uneven surface, or a loose paving stone - can pose serious risks, especially to older or more vulnerable pedestrians.

Duty of Care

Local authorities have a clear duty to maintain public walkways and highways. If proper and regular maintenance is carried out, accidents can be prevented.

Expert Legal Support

With experienced legal support, individuals harmed through no fault of their own can hold negligent parties to account and secure the compensation they deserve for their losses.

How Switalskis can help

No one expects a regular walk to end in an accident. In this case, a raised sewer cover changed a simple footpath into a dangerous hazard.

If you or a loved one has been injured because of a footpath , road, or public space that wasn’t properly maintained, our expert personal injury team is here to help. We take these claims seriously, gathering crucial evidence to hold the responsible parties to account and help clients get the justice and compensation they deserve.