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Personal injury claims 'must demonstrate negligence or breach of duty'



People who suffer injuries as a result of ongoing wintry weather and wish to make a compensation claim must bear in mind certain things, it has been pointed out.

Writing on AboutMyArea, Paula Cullen said that claimants must show that the accident and resultant injury were caused by somebody else's negligence or breach of statutory duty.

Failure to do so will render the case ineffective, she added.

The "obvious statutory duty" is set out in the Highways Act, she remarked, adding: "In particular, a highway authority [is] under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice."

Accidents that occur on minor untreated roads may be harder to claim for, she went on to say, as authorities have to prioritise major highways.

Recently, transport secretary Lord Adonis issued a warning that salt supplies would have to be rationed for councils in order to cope with continuing icy weather.
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