Tripping on a path claim particulars of claim

/Tripping on a path claim particulars of claim
Tripping on a path claim particulars of claim 2017-10-31T16:53:53+00:00

This is a FREE Template for you to download and use. This has been written and prepared by Truth Legal Solicitors and is an official legal document.

Document Snippet

To view the full contents of this free document, simply agree to the terms and conditions to the right and click 'Download'.

CASE NO. TBC

IN THE LEEDS EMPLOYMENT TRIBUNAL

B E T W E E N:

DAVINA FICTITIOUS

Claimant

and

A RANDOM UNNAMED COUNTY COUNCIL

Defendant

- - - - - - - - - - - - - - - - - - - - -

PARTICULARS OF CLAIM

- - - - - - - - - - - - - - - - - - - - -

  1. The Defendant is the highway authority responsible for the maintenance of Wetherby Road, Toy Town (‘the Highway’), pursuant to the Highways Act 1980.
  2. The Claimant was walking on the Highway, at approximately 9.30am – 10.00am on 24 November 2016, when her right foot struck a section of metal pole, which had been left protruding above street-level, at the location that a metal street sign had been not been fully removed from a path.
  3. The Defect:
    (a) Is illustrated in the attached photograph;
    (b) Constituted a nuisance.
  4. The Claimant’s accident was caused by the breach of statutory duty and/or negligence of the Defendant, their servants or agents.
  5. The Defendant admitted liability for the accident in open correspondence dated 2 May 2017. The Claimant will rely on the admission and therefore will not plead further in relation to liability at this stage. In the event that the Defendant seeks to deny liability in their Defence, then the
    Claimant will rely upon the said admission to its full meaning and effect.

PARTICULARS OF STATUTORY DUTY

6. The Defendant acted in breach of its statutory duty in that it:
(a) Failed to maintain the Highway contrary to section 41 of the Highways Act 1981.

... continued in document download


FileAction
Tripping on a path claim particulars of claim 12 august 2017Download 
  • 1.0 Version
  • 66 Download
  • 20.09 KB File Size
  • 1 File Count
  • 13th August 2017 Create Date
  • 31st October 2017 Last Updated