£3,500 Damages for Fall

A mother has won her battle for damages from Edinburgh City Council after she injured herself in a fall caused by a hole in the road. The hole had been there for some time and was one metre square and two inches deep.

Amanda Scott, 29, who was nine months pregnant at the time, was walking down the road on her way to visit her sister. She was carrying a pram chassis in front of her. As she was pregnant she could not see where she was putting her feet. When she stepped off the kerb her foot landed in the hole and she lost her balance. The pram chassis she was holding pulled her over and she broke her ankle and cut her head.

After her fall, Ms Scott was particularly nervous as the previous year she had lost a baby which was still-born. Fortunately, however, her baby was unharmed.

Initially, the Council rejected her claim for damages but Ms Scott persevered and took her case to court. There it was found that the hole was a danger to anyone stepping off the kerb. The Council was found to have inspected the road but it had failed to repair the hole.

Ms Scott was awarded £3,500 in compensation.




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