Rocking Wobbling Paving Stones

Loose wobbling paving stones in the surface of town centre pavements are something that we have all encountered whilst out shopping or going about our business.A� Loose paving stones can cause you to be thrown off balance or trip as a result of the paving stone unexpectedly moving beneath your foot.A� This is what happened to Mrs Karen Dalton and she unfortunately fell, sustaining a fracture to the femur in her left leg.

Mrs Dalton made a compensation claim to the county council who had the legal responsibility to maintain and repair the pavement in the town centre where the accident happened.A� The county council declined to pay compensation, arguing that it had carried out inspections of the pavement both before and after Mrs Daltona��s accident and had not noticed the loose paving stone.A� Therefore, if it did not know about the loose paving stone it could not be expected to repair it.

The court awarded compensation to Mrs Dalton because the accident happened in a very busy area of a town centre, and the county council should have carried out careful inspections of the surface of the pavements.A� Mrs Daltona��s husband had taken photographs of the place where his wife fell as a record of the condition of the loose wobbling paving stone.A� The court took the view that Mr Daltona��s photographs showed that the county councila��s inspections of the pavement had not been sufficiently thorough to identify areas of the pavement that required repairing .A�The county council eventually did repair the paving stone a number of weeks after Mrs Daltona��s accident.

The court of appeala��s decision in Dalton v Nottinghamshire County Council