Our client, Ms B, was cycling along a downhill path one evening and came across some concrete bollards in the path. As these were clearly visible from their light colour and reflective markings, Ms B steered her bike around them.
However, in doing so Ms B hit a dark-coloured wooden post which was hidden at the edge of the path. The post was not marked in any way and was in shadow, and compared to the clearly marked bollards was practically invisible.
On hitting the post, Ms B fell off her bike and suffered a broken shoulder. She now suffers permanent ongoing pain and restricted movement. As a result she contacted Nelsons to make a claim for compensation.
Claim against the local authority
We stated that the local authority had a responsibility to maintain the path and keep it safe, and argued that the fact cyclists would steer to avoid the reflective bollards meant there was a high risk they would hit the unmarked post, which served no purpose.
The council denied liability and that the layout was dangerous. They claimed that they had no duty to remove the post or to make it more visible, which would have helped avoid collisions.
Despite us putting our arguments to the local authority in clear detail, they continued to dispute the claim and we had to issue court proceedings against them.
The judge found in our client’s favour and Ms B was awarded over £22,000 compensation. This included interest as the council had rejected our offers to settle the claim sooner.
Ms B was very pleased with the outcome, and thanked Nelsons’ team for our “hard work in helping win [her] case” and she praised our barrister for “the way he presented [her] case in court”.
Mark House represented the client in this case.
Read more about the personal injury cases that Nelsons have handled by visiting our Personal Injury case studies page.