Pensioner sues council over fall on path covered in grass cuttings

Clary Day, 81, said workers failed to sweep up after cutting overgrown foliage and grass which had covered up a safety handrail designed to help people on the steep pathway.

Mr Day, who lives in Burton Road, Monk Bretton, Barnsley, was taking his regular morning walk to a nearby picnic area and fishing pond when the accident happened in early 2008.

He said he could still remember the pain as he hit the floor and added: "I remember standing at the top of the pathway and could see all the grass, leaves and twigs which covered it.

"I couldn't reach the handrail without stepping on all the grass cuttings and I didn't want to do that because I could see they were still wet from the morning dew and I knew it would be slippery.

"I'd got about 50 yards down the path, trying to walk down where there were no leaves and grass, when my foot just slipped right from under me. It's really quite steep, especially at the top end.

"I must have stepped on some of the leaves and it all just happened so quickly, I didn't have time to reach out for the rail, I just went straight down and landed on my arm and shoulder.

"It really shook me up. I knew straight away I'd done some damage, my shoulder was pounding with pain."

For several months, Mr Day could not lift his left arm because of the pain in his shoulder. He struggled to dress himself and could not indulge his passion for gardening.

Yesterday, more than two years on from the accident, he said still experiences pain and discomfort and added: "I want to see my case through because it seems to me that this was an accident waiting to happen.

"From what I have heard, plenty of people had complained to the council about the grass cuttings being left on the path, but nothing was done.

"If they had listened, then maybe I wouldn't be suffering like I am today."

Mr Day's solicitor, Debra Allen, from Barnsley firm Raleys, is appealing to nearby residents and users of the footpath, which runs between Burton Road and Helston Crescent, in Monk Bretton, Barnsley, to come forward.

She said: "I believe that Barnsley Council has been negligent and is liable for creating a slip hazard or source of danger to the public by leaving this foliage on the footpath.

"While there is a handrail, it was difficult for Mr Day to reach or use it because to do so he would have had to walk on top of the rotting foliage left on the ground. I have seen council documents which show that numerous people had complained to Barnsley Council about vegetation overgrowing and obstructing not only this footpath, but others in the area too."

Ms Allen said Barnsley Council had denied liability, saying workers were told to remove the grass cuttings from the path.

A spokesman from Barnsley Council said: "This is an ongoing claim and for that reason it would not be appropriate to comment."

Anybody who feels they can support Mr Day should contact Ms Allen at 01226 211111.