Council tells WWII veteran, 96, who tripped on a broken pavement and suffered serious facial injuries that he cannot claim compensation because they were already planning to fix it

• Bernie Beckett was out shopping when he stumbled on the broken paving slab
• He fell, suffering a deep cut above his eyebrow and severe bruising on his face
• Former Royal Navy sailor Mr Beckett, 96, also injured his knees in the nasty fall
• But council turned down his compensation claim because they were due to fix it 

A World War Two veteran who tripped on broken pavement and suffered serious facial injuries has been told by a council he cannot claim compensation – because they were already planning to fix it.

Former Royal Navy sailor Bernie Beckett was out shopping with his daughter Alison Hunt when he stumbled on the broken paving slab and fell, suffering a deep cut above his eyebrow and severe bruising on his face.

The 96-year-old also injured his knees in the nasty fall in Southampton, Hampshire.

When Mr Beckett and his daughter contacted the city council, they were told the authority were already aware of the damage and contractors had been asked to fix it.

Bernie Beckett was out shopping with his daughter Alison Hunt when he stumbled on the broken paving slab and fell, suffering a deep cut above his eyebrow and severe bruising on his face and body

Former Royal Navy sailor Mr Beckett also injured his knees in the nasty fall in Southampton, Hampshire. Pictured: the paving slab that caused the trip

Bernie serving in the Royal Navy as a young man. When Mr Beckett and his daughter contacted the city council, they were told the authority were already aware of the damage and contractors had been asked to fix it

Bernie out raising money for the poppy appeal. Councils can be liable for compensation for injuries and medical costs after someone suffers injury if there has been negligence

The authority told them contractors Balfour Beatty had six months to complete the repairs and during that time it had immunity from compensation claims.

Mrs Hunt said: ‘My father hit his head on the pavement outside a Starbucks in Southampton city centre, causing a black eye and a deep cut above his eyebrow.

‘He hurt both knees, which are still giving him pain, and his jacket was covered in blood. After the accident, he lost confidence and wouldn’t leave his flat.

‘Even though he’s 96, he still lives independently and is very active. His age played no part in the fall whatsoever.’

Councils can be liable for compensation for injuries and medical costs after someone suffers injury if there has been negligence.

Mr Beckett, from Southampton, submitted a claim for compensation to the city council, asking for £8.50 for his daughter’s hospital parking after she rushed him there following the fall.

The pavement that caused the incident outside at Starbucks in Southampton. The council said the damage to the pavement had been spotted a month before the incident

A tape measure showing the gap in the pavement outside a Starbucks in Southampton

He also asked for compensation to cover the cost of new shoes, a new jacket and for the pain he suffered.

The amount of money claimants can receive does vary depending on the level of injury, with facial injuries receiving up to £34,000 and knee injuries up to £73,000.

However, Mr Beckett and his daughter received a letter back from Southampton City Council saying they would not be receiving anything as the damage had been spotted a month before the accident.

As this was the case, they were told the council had six months to repair it.

Mrs Hunt said: ‘I’m devastated they didn’t cordon off the area to stop pedestrians falling over if they already knew about the defect.

‘I think it’s disgusting they’re not liable for any accidents and are therefore refusing to pay out any compensation.

‘They did repair the pavement soon after my father was injured.’

Mr Beckett served in the Royal Navy during World War Two and spent three weeks in hospital after his ship, HMS Batory, was attacked by a German U-boat.

He still helps the Royal British Legion sell poppies every autumn.

Jonathan White, legal director of National Accident Helpline, said: ‘Local authorities have a legal duty to maintain pavements and take reasonable steps to repair defects.

‘The fact the defect had been identified almost a month before Mr Beckett’s accident, but not repaired quickly enough to prevent it, means in our view there is definitely a case to answer.’

But a spokesman for Southampton City Council said: ‘Unfortunately it’s not always possible for us to repair faults immediately.

‘Southampton City Council’s highways policy allows up to six months in which to carry out non-urgent repairs although we will try, if possible, to repair within two months.

‘This follows standard operating procedure across the country.’

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