Cyclist Awarded £16,000.00 Damages After Falling From Bike Caused By Defect In The Road Surface

We were instructed by a client who fell off his bike as a result of a defect in the road surface.  As a results of the fall our client broke his collarbone.

We entered into a no-win, no-fee agreement with the client having considered photographs of both the location of the accident and the client’s injuries.  The case passed our risk assessment process and a claim for damages was made against the local authority.

Our client’s claim was disputed by the local authority on the basis that the defect was not actionable and the local authority had a reasonable system of inspection in place.  Accordingly proceedings were issued.  The local authority maintained it had a good Defence to the claim and therefore the claim went to trial.

At trial the judge found on balance that our client had been able to prove exactly where he was caused to fall and that this had been as a result of the material defect.  On balance the Judge found the defect was sufficiently dangerous to be an actionable defect.  The Judge also found that the local authority’s system of inspection and maintenance records were unsatisfactory.

The Judge awarded our client £10,000.00 for pain and suffering and £6,000.00 for other losses making a total of £16,000.00 in total.