Many water pipes in the UK are crumbling. Water Authorities are gradually replacing old water pipes but this reinstatement programme will take years to complete.
In freezing conditions many pipes fail and this causes water leaks. Where the water freezes this is particularly hazardous to cyclists.
The good news is that section 209 of the Water Industry Act 1991 imposes a strict liability on water undertakers for escapes of water. Subsection (i) provides:- "Where an escape of water, however caused, from a pipe vested in a water undertaker causes loss or damage, the undertaker shall be liable ….. for the loss or damage." It therefore follows that if an accident is caused by a leaking water pipe there should be no difficulty in obtaining compensation for any injury or damage which has been caused by this.
Paul Kitson is a Principal Lawyer in the London office of Slater and Gordon Lawyers, and also head of the Personal Injury department. Paul specialises in cycling accident claims. If you or a member of your family has suffered an accident or injury call our expert personal injury solicitors on 0800 916 9046 or contact us online and one of our specialist personal injury team will review your compensation claim for free.