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Highway Act Claims on the IoW

If you injure yourself in the street because the pavement is defective or there’s a pothole in the road, the Council is the most likely defendant.

Under the Highways Act, it has a responsibility to ensure that the roads and pavements under its control are safe for the people who use them. If the Council does not carry out that responsibility properly and someone is injured as a result, they may be liable.

All the help to make your claim

The Glanvilles Damant Personal Injury Team has many years’ experience of dealing with public highway personal injury claims on the Island. Should you suffer a fall due to a pavement or road defect, we’ll help you make your claim with free, impartial advice.

For compensation to occur, the Court has to determine whether the defect is a serious one.

In general, the Court works on the basis of the “one inch” rule. If it measures over an inch, then the defect is considered serious.

  • If other people have fallen over it then, regardless of size, the defect could also be classified as serious. 
  • It is important that an alleged defect is photographed and measured as soon as possible after an accident.
  • Medical treatment should also be sought immediately and how the accident happened recorded precisely.  
  • If someone sees you have an accident or helps you afterwards, ask for their details as witness evidence could be crucial to your claim.

If you would like legal advice regarding an injury incurred on the street contact our experienced legal team here on the Island for advice.


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