Council defends level of claims

Bradford Council pays out £3.3m for trips and falls

Bradford Council pays out £3.3m for trips and falls

First published in News Bradford Telegraph and Argus: Photograph of the Author by , T&A Reporter

Bradford Council paid out £3.3 million over the last three years in compensation to people tripping and falling, with the largest single payout reaching more than £282,000, figures reveal.

The total amount involves 241 claims. A further 1,095 claims were knocked back by the authority as it defended its highway repair regime and robust winter maintenance policy.

Over the three years in question the overall amount paid out has risen, from £819,359 between October 2009 and September 2010, to £1,013,452 the following year, and reached £1,306,055 this year.

But the number of claims and the amount the Council has accepted liability for has dropped in the last year, from 524 claims with 91 covered last year, to 366 claims and 60 of them covered in the following 12 months.

In every year the most common type of claims relate to pavement trips, where 193 claims were made in 2009-2010, with 41 being paid at a cost of £406,959, while 152 were rejected.

Last year pavement trips cost the Council £649,447 with a total of 230 claims, 51 of which were paid out on. This year, this figure rose to £767,532, with 264 claims, 41 of which were successful.

This higher figure can be explained by the largest payout for a complex claim dating back to 2003, which was finally settled in July 2012. The payment involved £198,824 in damages, which included a high proportion for lost earnings, and £83,519 for the claimant’s legal costs.

Andy Whelan, the Council’s principal engineer, said: “We have a robust inspection and repair regime of the district's highways and this has helped to reduce both the number of claims received and the number of successful claims against the authority.

The Council also confirmed that it will try to defend claims as robustly as it can by ensuring that the location is the Council’s responsibility, checking that the highways have been inspected at the prescribed interval, and ensuring that the third party payments are reasonable.

The focus of any claim is normally in relation to the fabric of the road, and the Council is not generally liable for the accumulation of snow, ice or debris on the highway.

Comments (19)

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7:47am Mon 12 Nov 12

thatsnotmyname says...

So are these people saying they have tripped and fallen and got a doctor to say they have injured themseleves? Can someone explain how it works please.
So are these people saying they have tripped and fallen and got a doctor to say they have injured themseleves? Can someone explain how it works please. thatsnotmyname
  • Score: 0

8:01am Mon 12 Nov 12

angry bradfordian says...

As well as the increase in ambulance chasing solicitors, I wonder how much of this is caused by people parking on pavements or driving on the pavement to get past a right-turning car a couple of seconds quicker (a bit like the photo at the top)

The pavements weren't designed to take it. I was reading recently that Manchester Council have started to rip up stone pavements in the City Centre and concreting them to avoid people claiming. Very sad.
As well as the increase in ambulance chasing solicitors, I wonder how much of this is caused by people parking on pavements or driving on the pavement to get past a right-turning car a couple of seconds quicker (a bit like the photo at the top) The pavements weren't designed to take it. I was reading recently that Manchester Council have started to rip up stone pavements in the City Centre and concreting them to avoid people claiming. Very sad. angry bradfordian
  • Score: 0

8:13am Mon 12 Nov 12

modman61 says...

Unfortunately this is the culture we live in. "Where there is a blame there is a claim"
Unfortunately this is the culture we live in. "Where there is a blame there is a claim" modman61
  • Score: 0

8:51am Mon 12 Nov 12

mad matt says...

- and the legal profession are making a fortune - as usual!
- and the legal profession are making a fortune - as usual! mad matt
  • Score: 0

8:54am Mon 12 Nov 12

webess says...

modman61 wrote:
Unfortunately this is the culture we live in. "Where there is a blame there is a claim"
80% of people who claimed were told to get lost and not heard of again so it does appear there's a lot of chancers out there
[quote][p][bold]modman61[/bold] wrote: Unfortunately this is the culture we live in. "Where there is a blame there is a claim"[/p][/quote]80% of people who claimed were told to get lost and not heard of again so it does appear there's a lot of chancers out there webess
  • Score: 0

9:17am Mon 12 Nov 12

johnhem says...

many years ago i saw a drunk woman trip on the opposite side of the road from my house. shortly afterwards the council came and relaid the paving stones. A FULL 10 YARDS from where she fell. she tripped because she was drunk not because of the uneven flags she had already passed. this was before the blame culture even surfaced.
many years ago i saw a drunk woman trip on the opposite side of the road from my house. shortly afterwards the council came and relaid the paving stones. A FULL 10 YARDS from where she fell. she tripped because she was drunk not because of the uneven flags she had already passed. this was before the blame culture even surfaced. johnhem
  • Score: 0

9:38am Mon 12 Nov 12

tinytoonster says...

the best bit is to the right of the story we have PAID adverts that the t&a allows which are for accident claims!!!
hypocrites!!
the best bit is to the right of the story we have PAID adverts that the t&a allows which are for accident claims!!! hypocrites!! tinytoonster
  • Score: 0

10:20am Mon 12 Nov 12

yezboss says...

Not mentioned above however is some of these claims are for badly engineered constructions. This is not just maintenance. Highway Engineeers have to accept responsibility for not thinking things through sufficiently. Maybe some cost cutting but inevitably cutting corners (sorry for the pun) may have an adverse result.
Not mentioned above however is some of these claims are for badly engineered constructions. This is not just maintenance. Highway Engineeers have to accept responsibility for not thinking things through sufficiently. Maybe some cost cutting but inevitably cutting corners (sorry for the pun) may have an adverse result. yezboss
  • Score: 0

11:00am Mon 12 Nov 12

Albion. says...

thatsnotmyname wrote:
So are these people saying they have tripped and fallen and got a doctor to say they have injured themseleves? Can someone explain how it works please.
Haven't you seen the ads? "have you had an accident, trip or fall? You should ring ******* and it won't cost you a penny!
[quote][p][bold]thatsnotmyname[/bold] wrote: So are these people saying they have tripped and fallen and got a doctor to say they have injured themseleves? Can someone explain how it works please.[/p][/quote]Haven't you seen the ads? "have you had an accident, trip or fall? You should ring ******* and it won't cost you a penny! Albion.
  • Score: 0

11:09am Mon 12 Nov 12

wrongsideofthetracks says...

I wonder how many of these trips and falls are engineered and are nothing more than scams?
Knowing the history and practices of certain sections of the city's community I would hazard a guess at a good number illustrated by the massive increase in claims over the years.
I wonder how many of these trips and falls are engineered and are nothing more than scams? Knowing the history and practices of certain sections of the city's community I would hazard a guess at a good number illustrated by the massive increase in claims over the years. wrongsideofthetracks
  • Score: 0

11:10am Mon 12 Nov 12

craftykhan says...

tinytoonster wrote:
the best bit is to the right of the story we have PAID adverts that the t&a allows which are for accident claims!!!
hypocrites!!
totally agree the media is responsible for most of the claims along with the lawyers.. i bet most of the people who make these claims are fulltime fraudsters and don't pay a single penny in rates or taxes...
[quote][p][bold]tinytoonster[/bold] wrote: the best bit is to the right of the story we have PAID adverts that the t&a allows which are for accident claims!!! hypocrites!![/p][/quote]totally agree the media is responsible for most of the claims along with the lawyers.. i bet most of the people who make these claims are fulltime fraudsters and don't pay a single penny in rates or taxes... craftykhan
  • Score: 0

12:07pm Mon 12 Nov 12

angry bradfordian says...

craftykhan wrote:
tinytoonster wrote:
the best bit is to the right of the story we have PAID adverts that the t&a allows which are for accident claims!!!
hypocrites!!
totally agree the media is responsible for most of the claims along with the lawyers.. i bet most of the people who make these claims are fulltime fraudsters and don't pay a single penny in rates or taxes...
I'm even more disgusted by my local GP waiting room displaying adverts for no win, no fee lawyers. Their services advertised included medical negligence claims!
[quote][p][bold]craftykhan[/bold] wrote: [quote][p][bold]tinytoonster[/bold] wrote: the best bit is to the right of the story we have PAID adverts that the t&a allows which are for accident claims!!! hypocrites!![/p][/quote]totally agree the media is responsible for most of the claims along with the lawyers.. i bet most of the people who make these claims are fulltime fraudsters and don't pay a single penny in rates or taxes...[/p][/quote]I'm even more disgusted by my local GP waiting room displaying adverts for no win, no fee lawyers. Their services advertised included medical negligence claims! angry bradfordian
  • Score: 0

12:16pm Mon 12 Nov 12

scanipoos says...

Shame we cant claim for damage's to our vehicles for some of the rather high bump ramps put onto roads . Furnace road, low moor being one of them
Shame we cant claim for damage's to our vehicles for some of the rather high bump ramps put onto roads . Furnace road, low moor being one of them scanipoos
  • Score: 0

12:22pm Mon 12 Nov 12

Albion. says...

scanipoos wrote:
Shame we cant claim for damage's to our vehicles for some of the rather high bump ramps put onto roads . Furnace road, low moor being one of them
I think you can, if you can prove it.
[quote][p][bold]scanipoos[/bold] wrote: Shame we cant claim for damage's to our vehicles for some of the rather high bump ramps put onto roads . Furnace road, low moor being one of them[/p][/quote]I think you can, if you can prove it. Albion.
  • Score: 0

12:51pm Mon 12 Nov 12

Andy2010 says...

Albion. wrote:
scanipoos wrote: Shame we cant claim for damage's to our vehicles for some of the rather high bump ramps put onto roads . Furnace road, low moor being one of them
I think you can, if you can prove it.
Indeed you can but its a legal minefield and not advisable unless you are prepared to stump up the legal fees should you lose
[quote][p][bold]Albion.[/bold] wrote: [quote][p][bold]scanipoos[/bold] wrote: Shame we cant claim for damage's to our vehicles for some of the rather high bump ramps put onto roads . Furnace road, low moor being one of them[/p][/quote]I think you can, if you can prove it.[/p][/quote]Indeed you can but its a legal minefield and not advisable unless you are prepared to stump up the legal fees should you lose Andy2010
  • Score: 0

12:53pm Mon 12 Nov 12

Prisoner Cell Block A says...

angry bradfordian wrote:
craftykhan wrote:
tinytoonster wrote:
the best bit is to the right of the story we have PAID adverts that the t&a allows which are for accident claims!!!
hypocrites!!
totally agree the media is responsible for most of the claims along with the lawyers.. i bet most of the people who make these claims are fulltime fraudsters and don't pay a single penny in rates or taxes...
I'm even more disgusted by my local GP waiting room displaying adverts for no win, no fee lawyers. Their services advertised included medical negligence claims!
A&E at BRI have the posters up too. It is ridiculous.

I visited A&E with a dislocated shoulder, within 2 hours of my arrival home I was called by ambulance chasing no-win no-fee types. How did they know I had had an accident? Could only be a heads up from BRI staff. This runs deep and is big business.
[quote][p][bold]angry bradfordian[/bold] wrote: [quote][p][bold]craftykhan[/bold] wrote: [quote][p][bold]tinytoonster[/bold] wrote: the best bit is to the right of the story we have PAID adverts that the t&a allows which are for accident claims!!! hypocrites!![/p][/quote]totally agree the media is responsible for most of the claims along with the lawyers.. i bet most of the people who make these claims are fulltime fraudsters and don't pay a single penny in rates or taxes...[/p][/quote]I'm even more disgusted by my local GP waiting room displaying adverts for no win, no fee lawyers. Their services advertised included medical negligence claims![/p][/quote]A&E at BRI have the posters up too. It is ridiculous. I visited A&E with a dislocated shoulder, within 2 hours of my arrival home I was called by ambulance chasing no-win no-fee types. How did they know I had had an accident? Could only be a heads up from BRI staff. This runs deep and is big business. Prisoner Cell Block A
  • Score: 0

4:01pm Mon 12 Nov 12

Saltaire Bantam says...

Someone pretends to have an accident. Then they go to the doctor who is their cousin or friend and they give them a doctors note. Then they claim compensation and the doctor takes a cut of the profit. Thats how it works but the politicians/police do nothing about it.
Someone pretends to have an accident. Then they go to the doctor who is their cousin or friend and they give them a doctors note. Then they claim compensation and the doctor takes a cut of the profit. Thats how it works but the politicians/police do nothing about it. Saltaire Bantam
  • Score: 0

5:15pm Mon 12 Nov 12

damraf says...

yes they claim but we pay with higher couyncil taxes etc
yes they claim but we pay with higher couyncil taxes etc damraf
  • Score: 0

7:53pm Mon 12 Nov 12

yezboss says...

To be successful in any claim against a Council you need to prove:-
A) they were aware of the defect.
B) they failed to rectify the issue and
C) they had sufficient notice to do so.
To be successful in any claim against a Council you need to prove:- A) they were aware of the defect. B) they failed to rectify the issue and C) they had sufficient notice to do so. yezboss
  • Score: 0

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