Pavement payout for street fall

Jack Gardner, 93, suffered serious injuries after falling outside All Saints Church, Shenley Road, in November 2005 and sued Hertfordshire County Council, which is responsible for the upkeep of pavements, the following year.This week, Mr Gardner received a cheque from the authority and confirmation the case had been settled out of court.The pensioner underwent emergency surgery on his hip on the day of the fall.He also suffers from age-related macular degeneration (AMD), a condition which has left him partially sighted, and registered blind, since 2000.He said: "I have had a terrible two and a half years since I fell. I don't think the little slabs that are put down are suitable for this area, and the council needs to do more to make sure nothing like this happens to anyone again."I have lived in Borehamwood since 1932, was a councillor in the area in the Fifties and was chairman of Elstree Parish Council. "I believe the paths should be made safe for people whether they are partially sighted or not. "It is especially difficult for older people but it is also uncomfortable for people in wheelchairs when they go over the slabs - as I learnt when I was in a wheelchair after the fall."Mr Gardner's daughter, Pat Sperry, said: "My dad suddenly fell over a bit of raised pavement that was sticking up a couple of inches as he was walking the dog. It was very dangerous and his life has changed a lot since the fall."The saddest thing was my mum was put into a home the day before my dad fell over so he couldn't visit her and this upset her quite a lot."Before this happened he was a really active person and now he struggles in the garden, doesn't walk the dog much and any form of social life has been taken away."Mr Gardner was married to his wife, Meg, for 63 years, but owing to a lengthy stay in hospital was only able to see her a few times between his fall and her death two and a half weeks later.Mrs Sperry said: "I will never, ever forgive the council for what happened. "The reason that we decided to sue was on principle and was never to do with the money. This was gross negligence on the council's part, as it is supposed to check the pavements every three months to solve problems like this."Borehamwood is often forgotten about by the council in these types of matters. I live in Watford and the state of the pavements is much better."In August last year, shopkeepers called for urgent repairs to walkways after a spate of incidents where elderly people tripped over paving stones in Shenley Road.One of those who fell was Mr Gardner's sister-in-law, Nancy Gardner. She was helped by Amanda Hardy, of Barkers Estate Agents, who said this week the pavements had not been improved since the complaints were made to the council.She said: "It is treacherous out there. The pavements are worse than ever all the way along the road. There are more people of all ages falling now than ever, especially the elderly. The problem is that old people don't tend to complain."When elderly people fall over it ruins their confidence and makes them reclusive as they are frightened to go out on their own."A council spokeswoman said: "We are unable to discuss individual cases. We comply with regulations set by the Department of Transport and standards laid out by the UK Pavement Management Systems."Our roads are checked and surveyed on an annual basis and, depending on those results, we allocate our annual maintenance budget prioritising appropriately. "As well as our scheduled maintenance and highway improvement schemes, we also respond to highway faults, such as potholes, street lighting, flooding and so on."