Recent press coverage has led to controversy over the distribution of local authority funds in relation to the maintenance of defective and dangerous pavements nationwide.

It has been reported that one council had put aside £330,000 to cover legal costs last year but only £62,000 for repairs to broken pavements.

Statistics however show that 2,300 older people alone fall on broken pavements every day and that 24% of pavements in England are in need of repair and maintenance.

The compelling truth is that more than 80,000 elderly people sustain injury following falls on Britain’s poorly maintained paths and pavements and then become too frightened to leave their homes. Pamela Holmes of registered charity, Help the Aged warns of the inherent danger in failing to tackle this problem effectively. She said “It is vital councils invest more in keeping public walkways safe, as falls are the leading cause of deaths for over 75’s.”

It is apparent that significantly more funding is allocated to dealing with claims post accident than in taking pre-accident, preventative action in terms of maintaining Britain’s walkways. Put simply, a safe pavement equals a safe public.

It is a fallacy to suggest that this trend has lead to an influx of spurious personal injury claims and therefore a rise in fees being paid to the legal profession. All of us are under a duty to protect the most vulnerable in our society. Everyone should be able to leave their homes and go about their everyday lives without the concern of falling on defective pavements and sustaining serious injury. If the Local Authorities are not prepared to invest the funds in repairing and maintaining Britain’s walkways then we, as lawyers, have a duty to represent the vulnerable in their hour of need. This is not simply a matter of obtaining compensation on their behalf, but of giving them their freedom and therefore their lives back.

Written by A. Flynn and A. Rowlands