Case Studies

Trip at Carriageway Road Gully

A pedestrian was attempting to cross the road in a town in Scotland.  Stepping off the pavement onto the road carriageway, she stumbled and fell at a sharply sloping area at a road drainage gully.  She sustained a double fracture of the leg.

Cadogans was asked to give an opinion on whether the Council had failed to maintain the road at the accident locus.

Work carried out by Cadogans

The issues were considered and a desktop technical investigation was carried out based on the photographs and the precognitions provided. It was found that the defect had been in existence for more than 4 years.  

It was concluded that the road levels at the gully frame at the accident locus were unacceptable and outwith the allowable parameters.  It was established that the local Council had failed to identify the defect at the accident locus during its annual Safety Inspections of the carriageway / footway during the preceding four years and that it had failed to maintain the road at the accident locus in a satisfactory condition.

The case was settled out of court prior to the hearing.