14th June 2007
The claimant had been travelling in a taxi; she got out at her chosen destination and began to cross the road. As she was doing this her right foot went into a hole that was situated in the road and she fell, sustaining a personal injury.
According to local residents the hole had been in the road for between 12-18 months prior to the claimant’s accident.
The defendants claimed that there had been a reasonable system of inspection in place and that the last inspection had taken place approximately one year prior to the accident happening.
The judge ruled in favour of the claimant saying that the defect should have been detected and fixed when the last inspection had taken place.
The judge also made a ruling of 25 per cent contributory negligence on behalf of the claimant as he believed that she was aware of the pot hole and should have taken more care.
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