A woman has been awarded more than 10,000 after a fall caused by an uneven paving slab in Dundee city centre.
Annie Webster, 60, won her case against Dundee City Council after the court ruled the authority failed to notice a defect on Dock Street for more than a year.
She injured her right wrist in the accident, which took place in 2012.
Sheriff Lorna Drummond ruled the council should pay damages of 13,000 for the injury suffered as a result of its negligence, at the end of the hearing at Dundee Sheriff Court.
However, the award was reduced to 10,400 because it was ruled Ms Webster did not exercise “reasonable care and attention” herself.
The court heard how on the afternoon of November 6 2012, Ms Webster had been in the street waiting for her ex-partner when she turned and tripped on a raised paving stone.
The paving stone was loose and uneven, and was more than an inch (25mm) proud at its highest point .
Dundee City Council roads maintenance inspects the road every four weeks, and records defects, including uneven footpaths of more than 20mm.
The department’s area supervisor admitted action should have been taken.
The court heard the defect had been in the pavement for at least a year before Ms Webster fell and the area was inspected the day before the incident.
Ms Webster’s solicitor, William Boyle, said the paving had clearly deteriorated over a long period of time.
Sheriff Drummond ruled that the council had a duty to take reasonable care to carry out inspections of public footpaths and that this did not happen on this occasion.
However, she further ruled that by turning around immediately before she fell, Ms Webster had contributed to her own accident and was therefore liable for 20%.
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