


Scrivenger Seabrook Solicitors’ Director of Personal Injury Marc Folgate takes a look at a burning issue of our times.
“I was invited on to BBC Radio Cambridgeshire recently to discuss the vexed issue of potholes. A week later my daughter’s car failed its MOT due to a snapped suspension coil spring. I recalled being asked what I would do if I had suffered damage to my car as a result.
“Grin and bear it” I had replied. I grinned and bore it. As did the owner of the next car in the bay, having the very same replacement undertaken.
It is all very well having to fork out a few hundred pounds as a result of some relatively minor damage but what if the pothole had caused a serious injury? Because they do. Imagine a racing cycle’s tyres confronting a 15 centimetre deep and 30 centimetre wide pothole…
Motorists swerving to avoid them and ended up losing control and confronting ongoing traffic even.
The problem is that these claims are difficult to pursue. There are certain actions as a lawyer that you can take to maximise the chances of success but the law gives local authorities a substantial advantage here. It provides them with a “statutory defence”. In essence, if a local authority is able to show a reasonable system of inspection and maintenance to have been in place and to have been effective then a pothole mishap may be consigned to those category of injuries for which no compensation is payable. Pure accidents, for which no body can be held to blame.
Advice if you are involved in an accident in these circumstances:- Take photographs with measurements visible, and details of any witnesses; especially those who may be able to assist as to how long the pothole had been in the dangerous condition. If a passer-by remarks “It’s been like that for ages” or “I have reported it to the Council and they’ve done nothing about it” make sure contact details for this witness are obtained. It could make all the difference. Then seek early legal advice before doing anything further.
A modern day curse, eh?”
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‘The UK needs expert niche firms like this’, say clients of Scrivenger Seabrook Limited, which ‘goes the extra mile’. The ‘tenacious, realistic and sensitive’ Vicki Seabrook, who is ‘in a class of her own’, secured damages exceeding £1m in a case involving a GP’s maladministration of drugs.”
A quote from The Legal 500
www.legal500.com/sslaw
‘The Independent Clients Guide to the best Law firms’
“Scrivenger Seabrook Limited ‘consistently punches above its weight, and has a high level of client care’. The ‘particularly adept’ Marc Folgate has ‘insight, intelligence and an impressive client base, and is comfortable running high-pressure and high-value cases – defendants have to think twice before taking him on’. Among many highlights, the team settled a £550,000 catastrophic claim involving regional pain syndrome.”
A quote from The Legal 500
www.legal500.com
‘The Independent Clients Guide to the best Law firms’
“At Scrivenger Seabrook Limited, Sarah Newcombe is ‘always professional, honest, patient and supportive’. Highlights included a £450,000 settlement for negligent foot surgery.”
A quote from The Legal 500
www.legal500.com/sslaw
‘The Independent Clients Guide to the best Law firms’
“accomplished and tactically astute”
A quote from The Legal 500
www.legal500.com
‘The Independent Clients Guide to the best Law firms’