Making an insurance Claim
There is no automatic right to compensations as a result of an incident which has occurred on the footways or highways maintained by the Council. In order for a claim to succeed it must be shown that the Council has acted negligently or failed in its statutory duty.
The Council will have a statutory defence to a claim if it can prove that any defect, no matter how dangerous, did not exist through any fault on its part at the date of the accident. The question of fault will be determined by whether or not the Council had in place a reasonable system of inspection and repair.
What constitutes a reasonable frequency of inspections varies according to the particular character of the footways / highways and the amount of use.