litigation moral dilema

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freshfruit | 23:37 Sun 25th Jan 2009 | Law
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Hi people,

I twisted my ankle badly on Saturday evening in the centre of Southampton, I was walking normally on a pavement talking to a friend when I went down with a loud crack from my ankle, after I was helped up and hobbled back to where I fell there was a large hole right in the centre of the pavement in aspahalt where it looked like there was some subsidence. The hole was unfortunately foot sized and about 5 inches deep, I had walked straight into it. I have been to A&E today and been xrayed, and while there is no break I have heavy swelling and bruisng and can just about hobble along.

I have always been against the kind of litigation that seems to be part of our society these days, I have done myself injuries numeous times before but in most cases I have been at fault or it has just been an accident. What angers me here is that the asphalt had been marked up with paint as if someone had come to survey the pothole but no one had then coned off the area!! I will of course be phoning the council tomorrow first thing to tell them of the pothole but I can't really shout down the phone at the poor person on the other end, so I feel I have noone to vent my anger at for this blatent negligence.

So the question is.... Do you guys think it is moral for me to sue the council fo their negligence and then give any claim money to the charity of my choice? and there any other way to approach this?



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..............and the net beneficiaries would be ........... the legal profession
Where is the blatent negligence?

If the council had done a survey and marked the area for works they may have plans to rectify it. It might be on the schedule to do as a matter of urgency?

However to answer your question, I think you should make the council aware of the problem and leave it at that. Actually I would also take a picture of the offending hole with you having a sad pathetic face on (as they always seem to have in these things) and in a months time, if it is still not done, send it to the Echo with the tag line 'How the council made my foot hurt'.

How much do you think your council tax bill goes up every year just because they have to pay extra out for this sort of thing. It is finacialy and physicaly impossible for a city the size of Southampton to be perfect.

Mind you there will be lots of people who will say sue them for everything you can get.
Hi Freshfruit,

It's an insurance claim you would be making.

It is that simple. Yes you will need a 'no win no fee' type of lawyer but that's what they're there for.

What charity would you be donating to btw?

i have a feeling you have to have spent at least 1 night in hospital for those no win no fee lawyers to take you on (although i'm actually not sure where that feeling comes from!)
Question Author
The charity would be Marie Curie as they looked after my mum when she was dying. I phoned the council first thing this morning to report the damaged payment, I mentioned that I had hurt myself and that I hadn't ruled out litigation.

They will aparently get someone out to fix it urgently, I will be going back to check at some point and then deciding what to do, If they fix it promptly I won't do anything.
Freshfruit I made a similar post earlier this month but I've broken my ankle. You have to prove negligence on the part of the council. If they knew the pavement was faulty, whi8ch they did as it had been marked for repair, then you would have a good case. Try not to use an ambulance chaser, no win, no fee lawyer if you cna help it. Have a look at your houselhold insurance as many have legal assistance built in now (as mine has). I've decided to make a claim through my trade union, which is free for me. If my claim is successful my employer can take my sick pay out of any settlement which seems fair enough.

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