A pensioner was snubbed for compensation over injuries from a pavement trip because it wasn’t deemed hazardous enough by a mere quarter of an inch, sparking outrage. Jean Murphy, aged 75, sustained a broken wrist and facial injuries when she tripped on a raised paving stone outside her home in Yew Tree, West Mids., a consequence of tree-root movement.
Although the offending stone on Cherry Tree Avenue stuck out by three-quarters of an inch, council rules dictated that an inch is the minimum for liability – just short by 6.3 millimetres (0.3cm).
The irate pensioner accused Sandwell Council of nitpicking differences insufficient to trigger a payout, while also saying that officials had warned her against seeking compensation as it would affect taxpayer funds. She said: “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.”
Expressing disappointment not merely for her plight but for public safety, she added: “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.”
Highlighting better conditions in neighbouring areas, she appealed to the authorities, saying: “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 suffered a broken wrist in two places, requiring a plate to be inserted. The wound later became infected, delaying her recovery.
She also underwent a brain scan at hospital, which meant she couldn’t have morphine to ease the pain. Jean revealed she is still in constant pain, struggles with sleep, relies on public transport instead of driving, and had to pay increased insurance premiums for a cruise with her husband.
Sandwell Council stated in a letter that the protruding paving stone was not considered dangerous as it falls within government guidelines. It also noted that if it accepted liability for all claims, the funds would have to come from council tax, which could otherwise be used for ‘essential services’, and they had a duty 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.”
