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Wednesday, 21 October 2015

Sefton Council successfully sued by Woodvale resident following path trip accident

A Woodvale resident, who does not currently wish to be named, recently litigated successfully against Sefton Council for an undisclosed four-figure amount. 

The Sandbrook Road gentleman had tripped and injured himself one night on an uneven paving flag several years ago in Ainsdale. This resulted in a course of prolonged medical treatment, etc.

Council’s inadequate ‘Section 58’ defence ruled out – by logic 

Initially, the Council Defendant had sought to rely upon a ‘Section 58’ defence. The Council erroneously claimed that the pathway in question had been “inspected” just days before the claimant fell. The Defendant even provided documentation to support their inconsistent position.

Sadly for them however the vigilant Claimant examined the Sefton Council documents, which included a council map, and discovered that the inspection area was not even in the same place where the accident had occurred.

Following supplementary Council denials the Claimant’s solicitor was duly preparing to take the matter to court when the Council finally caved in and issued a four-figure compensation cheque, without any admission of liability.

After the win the Woodvale Claimant stated:

“Clearly, Sefton Council will go to quite bizarre lengths to avoid dealing with issues as serious as this. The pathway in question was obviously unsafe for residents and was (still is) used by many people, included lots who are elderly. I believe that Sefton have sought to avoid their responsibility for this matter for years. The inspection map they provided foolishly displayed an area that was NOT the same place that I had tripped in. Did Sefton expect us to ‘not’ notice this? Furthermore, we had photographic evidence to show how bad the flag stones actually were. Consequently, I am delighted that justice was finally served”

Southport residents should be able to expect more from the individuals who are in place to maintain this Council.  Basic ‘trust’ should be obligatory and not something that they need constantly reminding about!

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