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All local authorities are under an obligation
to maintain streets, pavements and highways in a good state of repair.
If their failure to do so results in a serious fall in which a pedestrian
is injured, they may be liable to pay compensation. Local authorities
can defend claims if they can show they had a reasonable system
of inspection¹ in place. We will, if necessary, apply to court
to have the authority disclose all their inspection records if they
put forward this as a defence.
In cases such as this, photographic evidence is crucial. You should
take photographs that show the area in which you tripped or fell.
If possible, put something in the photograph that shows the size
of the hole or defect, eg a 50p piece, or a ruler. We would also
recommend you take pictures of any injuries, or cuts and bruises,
you have suffered.
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