Damaged or defective bollards are often caused by lack of maintenance or other vehicles damaging them and being subsequently left unmaintained.
Bollards are used to prevent or control traffic from entering an area whether it is private or council property. It is the responsibility of the land owner to ensure that they are maintained properly. Damaged or defective bollards can become potential hazards for pedestrians and cyclist to have an accident.
If you have been injured in an accident involving damaged or defective bollards then you may be able to make a claim for compensation. This is because the land owner is likely to be liable for failing to properly maintain or repair the damaged or defective bollard.
There are several types of accidents which can occur involving bollards depending on where they are situated. Bollards are often located in public and private places such as on footpaths, pedestrian routes, shopping centres and car parks.
The most common bollard accident is often as a result of the bollard falling over and posing itself as a trip hazard for pedestrians or obscuring visibility and causing a vehicle is collide into it.
Typical injuries resulting from falls caused by damaged or defective bollards can include:
It is important to seek medical treatment if you suffer an injury due to a defective or broken bollard so your injuries are documented.
The land owner is the responsible person who is liable to ensure safe and properly maintained bollards are erected. You will need to determine whether the land is privately or publically owned.
If unsure who owns the land, you can look for any public sign posting which will often confirm whether the land is owned by the local authority. Alternatively you can submit a search to the Land Registry.
The occupier of private land or premises has a duty of care to ensure the safety of people whilst on their property. They must maintain bollards and anything else within the boundaries to ensure that they are safe and free from defects.
The occupier must ensure that they are aware of any defects and take action to rectify these defects to ensure safety. They are not expected to carry out immediate repairs and in this case they must ensure that they put up signs to warn of the defect which may in turn avoid an accident.
If an accident still happens when you have put adequate warning signs on the defective bollard then you may avoid liability.
If you have an accident due to a defective or broken bollard which was not your fault then you may be able to make a claim for personal injury.
However if you were found to be partly to blame for the accident then you may still be able to claim although the compensation may be less as you would be a ‘contributory factor’.
When making a claim for personal injury following an accident involving a damaged or defective bollards, you should gather as much information as possible, like:
This information will help you when making a claim.
The amount of compensation depends on the individual circumstances and the severity of your injuries. You may be able to claim for general and special damages.
General damages compensate for the direct affect caused by the incident and can include:
The amount of compensation depends on the injury and any lasting effects it can have,
Special damages are calculated on any out of pocket expenses incurred as a result of the accident and can include:
It is important to keep receipts and invoices for these out of pocket expenses as they will be required as evidence.
You can make a personal injury claim following an accident involving a damaged or defective bollard up to three years after it happened or in some instances it may be 3 years after you discovered your injury was found to have been as a result of the accident.
If your claim is relatively straightforward then coming to an agreement then the time it takes to reach an agreement can be a matter of months. Complex claims involving serious injuries will take longer claims process.
In some circumstances our expert personal injury solicitors can secure you an interim payment to financially support you with medical expenses or out of pocket expenses.
If you have suffered a personal injury and it was due to say defective car park bollards then we can help you make a claim.
We have a team of specialist personal injury solicitors who will handle your claim from start to finish in a friendly but professional manner. Better still we offer a no win no fee service so you can rest assured that there will be no sudden upfront costs to pay.