How to Make A Claim Against The Council

by eargoggles Fri Dec 22, 2017 3:17 pm

Hi there, a relative of mine parked her car in a car park provided by our local Council ,of which she is a permit holder ,unfortunately there was ice on the ground in the car park and she slipped and fell and broke her arm. beside the injury she has suffered she is devastated because she had just started a new job which requires her to make home vists to people in her car and now she can`t even drive because of how the pot has being set on her arm ,also with xmas here her loss of earning will be felt more acutely .are councils responsible for gritting their car parks and keeping them safe and how could she make a claim against them, if at all. thanks

by **Lopsum** Fri Dec 22, 2017 6:48 pm

try finding out if a no win no fee outfit is eager to take it on. You dont have to use them .
http://www.johnson-law.co.uk/accident-types/car-park-public-accident-barrier-injury-claims this seems promising

Car Park Public Accident & Barrier Injury Claims
Accident or injury at a Car Park, local Council Car Park, Car Park Barrier or car park bollard compensation claim

Local Councils, private/public companies and businesses have a duty required by law to ensure visitors and guests using their car parks and premises are safe and secure at all times so as to prevent any type of injury. If you have had a car park accident which was due to the negligence of the owner or occupier of that land then you may have a claim for compensation under the Occupiers Liability Act 1957 against the negligent party’s public liability insurers.

Types of Claims from Car Park Accidents:

Debris, rubbish, liquid or spillages left on the floor and road of a car park causing trip, slip, fall injuries

Ice or snow on the car park causing you to trip slip or fall or causing you to have a car accident due to your car skidding

Potholes, missing or loose manhole covers and drains, uneven road surface, raised paving slabs or uneven pavement causing you to trip slip or fall

Car Park barriers or bollards not being cleared sign posted or defective & faulty causing injuries to cars and pedestrians

Car Park Lift or escalator faults and defects causing injuries to pedestrians

Inadequate signs for example entrance ramp or exit causing injuries to pedestrians and damage to cars

Inadequate floor markings at car parks, walkways and parking bays causing injuries to pedestrians and damage to vehicles.

by **daveiron** Fri Dec 22, 2017 7:01 pm

I was having the same thoughts on this. They must have a duty of care.

Are there any witnesses or any evidence ?

by eargoggles Fri Dec 22, 2017 11:00 pm

that`s great Lopsum thanks for that i`ll pass it on to her tomorrow .and thanks for the support daveiron ,i don`t know if she has any witnesses ,i`ll find out . thanks

by Ausk Sat Dec 23, 2017 9:03 am

The council is definately liable, especially because they charge money for its use, Its their commerical undertaking.

They have a duty of care to ensure users of their car parks can be and are safe in their car parks.

Your case will be founded on the claim that they failed in their duty of care to provide your wife with a car park that is safe to use.

They also carry full ensurance for this kind of risk as well.

by **daveiron** Sat Dec 23, 2017 9:29 am

Does she have a photo of the icy surface etc. Also get a report from the hospital, if she still has the ticket from the car park would be useful.

Not being negative , but the more evidence you can produce the better,& dont forget the burden of proof is with the claimant.

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