Can my neighbour claim over his icy tumble injury?
Q My neighbour slipped on an untreated, icy pavement last week and broke some ribs.
Is he entitled to any compensation, and, if so, is there anyone he should turn to in the first instance?
A Assuming that we are talking about a public pavement, the responsible authority for that will probably be the local council.
If their negligence and failure to act according to their duty has caused your neighbour injury, then compensation will be due.
However, the council is not legally expected to grit every road and salt every pavement immediately snow and ice appear … it is not an automatic liability.
The questions will be whether the council has a plan and a policy to check and treat walking surfaces, whether it implemented that policy properly, and/or if that particular area’s surface was reported to them as dangerous, did they respond adequately?
Also, there is a corresponding duty on those walking to take particular care in icy conditions. As for where to turn, see a solicitor for a first free interview to establish if you have a claim.
Who pays the legal fee?
Q I have been trying to obtain information regarding my late father’s estate from his second wife for almost two years now.
She consistently declined to respond to my solicitors, which forced me to serve a court action on her.
Following receipt of the writ, her solicitors provided some of the requested info provided I dispel with court proceedings.
They also offered a settlement figure based on this info, however I would expect her to pick up my legal costs to date as she has forced me to send more letters and have more meetings than was necessary.
A The only element you are likely to get back is the court expenses, i.e. your costs from when the court action was raised.
There is no general rule of law that says a person with any claim can claim legal costs back to the beginning of their solicitor’s engagement. But you’re right, it is unfair.
I want access to my child
Q I have discovered that I fathered a child who is now aged three. I would like to see her but am afraid of being refused access.
What if I bump into the mother and child on the street? I know where they stay.
A Strictly speaking, there is nothing to stop you going up and saying hello, or chapping their door.
But you must assume that the mother didn’t want to have you in your daughter’s life. She may have been wrong and uncaring, but you have to tread warily. I suggest writing to her first.
If you need, to, see a solicitor about your parental rights of contact.
New flat has rot problem
Q I bought a flat and it turned out to have dry rot. I didn’t get it surveyed but used the seller’s home report. Can I claim against the seller, or the surveyor?
A You have no claim against the vendor. The surveyor, however, might be liable. If the surveyor has been negligent, you can claim.
- Do you have a legal problem? Write to Austin at Evening Times Features, 200 Renfield Street, Glasgow G2 3QB or e-mail him at news@eveningtimes.co.uk (putting Austin Lafferty in the subject field).
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