Pavements - personal injury

We are responsible for maintaining safe roads and pavements in Derby, except for some trunk roads and all motorways, which are the responsibility of the Highways Agency.

If you have an accident as a direct result of a dangerous defect in the road, footway or verge, report the defect immediately to Streetpride. We can then carry out any necessary repairs and prevent any further incidents.

If the defect isn't our responsibility, we will pass the information to the relevant organisation for them to investigate. We will tell you, if you request it, which organisation is responsible for repairing the defect and to whom you need to direct any claim.

Examples of defects include:

• gully or drain cover missing
• wall that is exposing a large drop to the rear on either the pavement or road
• pedestrian guard railing protruding into the pavement or road
• fencing protruding into the pavement or road
• concrete bollard knocked over onto the pavement or road
• inspection cover missing or damaged
• bridge parapets damaged
• oil spillages on the road
• sign poles knocked down or sign plates hanging loose.

Repairing defects: our standards

We will class reports (based on the type and seriousness of the defect) either as an emergency or as routine work. We will prioritise the work according to risk and the contractor will have 12 weeks to complete the lowest priority work.

For emergency work we aim to make the defect safe within one working hour during normal working hours (8.30am to 5pm Monday to Thursday, 8.30am to 4.30pm on Fridays).

For all emergency work received 'out of hours' through Streetpride, we will aim to make the defect safe within one hour and 30 minutes.

How do I make a public liability claim?

In order to investigate any claim you may wish to make against the Council, please supply the details of the incident in writing, including the following information:

• a full description of the circumstances
• date and time of incident
• precise location of incident - please include:
  • photographs of the location or a detailed sketch plan of the area showing the position of the defect with reference points such as house numbers or lamp post numbers and your direction of travel
  • a meeting at the location may be required.
• specific details of the alleged defect - please include as much information as possible including:
  • a description of the defect, for example whether it was a paving slab, tarmac or a manhole cover
  • the exact measurements and shape of the defect
• a full description of any injury or damage alleged - please include:
  • photographs showing any injury or damage.
• additional information - please include:
  • your full name and address
  • names and addresses of any witnesses

Once you have collected as much information as you can, send it to: The Insurance Section, The Council House, Corporation Street, Derby DE1 2FS.

Alternatively, you can email the information to insurance@derby.gov.uk.

Please note, there is no automatic right to compensation. Before any recompense can be made it will be necessary for you to demonstrate that there has been negligence on the Council’s part. Since this can involve specialist knowledge of the law you should consider whether you should seek your own legal advice before proceeding.

Any questions?

If you have a question or comment regarding pavements please contact us.