I came off my motorbike 18 months ago due to a large pothole in the road. As a result of the accident I broke my left ankle and leg and dislocated my left shoulder. I was taken to hospital where my leg was put in plaster and my arm in a sling.
My arm and leg have both healed well but I have now been told my ankle fracture has not united. I’m not sure what is meant by this.
I have been off work since the accident happened and I am struggling to cope financially as I have a wife and 2 children to support.
Who should I claim from? The Council as they had not maintained the road or the hospital as my ankle hasn’t healed properly?
You may have a claim against both. I will explain your claim against each.
The Council has a duty to take “such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous for traffic” according to the Highways Act 1980.
This means the Council must maintain the road in a reasonable condition given the circumstances – these include the type and amount of traffic which uses the road and whether the Council knew or should have known about the pothole. For example, if the road is busy and the pothole is large and deep, then you may well have a successful claim against the Council for your injury for which you will receive compensation. However, the Council may be able to defeat your claim if it can show it had a reasonable system for checking for and repairing potholes.
Compensation will be for your dislocated shoulder, and broken leg and ankle.
As to the ongoing problems with your ankle, the Council will be liable for this if the non-union of the fracture (which means the bone has not grown back together) is due to medical reasons.
Broke bones fail to grow back together for many reasons, which can include failure to treat or treating incorrectly. If for example your ankle should have been operated upon to pin it and this wasn’t done, then you will have a claim against the hospital for your ongoing problems. If however the reason is medical, for example poor bone growth, then the claim will be against the Council.
I would urge you to take legal advice as quickly as possible to explore making a claim.
