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Personal injury, youclaim.co.uk

Rambler's personal injury claim - who's responsible?

In 2008, East Sussex County Council was found to be negligent and was ordered to pay out £3,000 after a rambler lodged a personal injury claim following a walking accident. The woman had been travelling along a nature reserve footpath near Hastings when her foot fell through a damaged plank on a wooden footbridge leaving her with fractured metatarsals and cuts and bruises.

The council contested the compensation claim, alleging that the woman was negligent in looking after her own safety and should have seen the damaged plank on the bridge. The court found that the council did not have in force a proper maintenance regime for the rural footpath and they were forced to settle the personal injury claim.

According to The Natural England website public rights of way, including footpaths, bridleways and byways are the responsibility of the local highway authority; that being the county or unitary authority for the area. Most local authorities have rights of way departments who should maintain safety aspects of the paths. This maintenance should include upkeep, signing, improving and diverting rights of way within their area of jurisdiction.

Highway authorities should keep definitive maps of rights of way, and they are also shown on Ordnance Survey maps. In 2007 all local highway authorities were required to instigate rights of way improvement plans that should have been completed by November 2007.

Problems with a public right of way, such as obstruction, safety issues, or signage should be addressed to the local highway authority.

If you have an accident whilst using a public right of way and you feel the accident could have been prevented by the local authority you may be able to make a personal injury claim against the county council.

In the event of an accident it would be useful to provide the following information:

  • exact location of the accident or incident

  • time, date and weather conditions

  • your direction of travel photographs and a sketch plan are very useful

  • detail of injury suffered

  • who you believe to be responsible for the accident and why

Personal injury claims and walking accidents
If you have been injured as a result of walking along an under-maintained public footpath or right of way we can put you in touch with a specialist personal injury solicitor who will make a compensation claim on your behalf on a no win no fee basis. This means that whatever the outcome of your claim you will never be charged for their services.

All our solicitors have years of experience and are governed by the exacting standards demanded by the Solicitors Regulation Authority.

You can speak to one of our friendly and knowledgeable advisers by calling our free UK helpline on 0800 10 757 95 or we can always call you back at a time to suit you.
Alternatively, you may wish to fill in our online claim form giving us brief details of your personal injury claim. Whichever way you choose to get in touch with us we endeavour to give you the best no win no fee service possible.