SWLSfall – By Ed Chatterton and Paul Jenkins
A pensioner left injured following a fall outside her home has been denied a council payout – because the pavement was 1/4 INCH too low.
Jean Murphy, 75, suffered a broken wrist and facial injuries after tripping in the street outside her house in Yew Tree, West Mids., on April 12 last year.
The offending paving stone on Cherry Tree Avenue was raised by a tree and protrudes by what Sandwell Council say is three quarters of an inch.
However if the pavement had been raised by one inch – just 6.3 millimetres (0.3cm) more- Jean could have been in line for a compensation payout.
She has now slammed the local authority for ‘quibbling over a quarter of an inch’ and fears others could be hurt after the pavement fell short of being classed a trip hazard.
Jean also said the council even suggested she should think twice about asking about compensation because it would have to come out of taxpayers money.
She added: “I can’t believe they are quibbling over a quarter of an inch which is what it has come down to despite the fact the whole street needs re-paving.
“It’s not so much about compensation for me although I have been through a lot of pain and anguish, it is more about making sure someone else doesn’t suffer a similar fate.
“We border the neighbouring Walsall authority where similar roads have been tarmacked and I am calling on them to do that in this case if that is what is needed to make them safe.
“They have admitted the tree roots that pushed the paving stone up have raised my neighbour’s drive and have been to inspect his and told him they may have to take it away which would be a start.
“But the last ten months or so has been a nightmare, tempered only by the birth of a great grandchild, and I do feel moderate compensation for the pain and misery would be appropriate.”
Jean had to have a plate put in her wrist after breaking it in two places and then the wound got an infection which put back the healing process.
She also underwent a brain scan at hospital which meant she couldn’t have morphine to ease the pain.
Jean said she is still in constant pain, is not sleeping, has to use public transport rather than driving and had to pay increased insurance premiums on a cruise with her husband.
Sandwell Council said in a letter that the offending paving stone, whilst protruding, wasn’t classed as dangerous as it falls within government guidelines.
It also says if it accepted liability for all claims, the money would have to come out of council tax which could be used for ‘essential services’ and they had to ‘protect public finances’.
A spokesman for Sandwell Council said: “We are very sorry that Mrs Murphy sustained injuries in the fall.
“We have explained to her that there are government guidelines we follow when considering cases such as this and that using those, we cannot accept her claim for compensation based on the evidence available.
“At no point did we imply or believe that Mrs Murphy was not entitled to put in a compensation request.
“Our intention was simply to explain the reasons why this request was not accepted.
“We have also let her know how to access further advice should she wish to challenge the decision.”
ENDS
