A pothole hidden beneath floodwater at Hogganfield Loch.
Steven, an experienced cyclist, Ironman competitor and member of a local cycling club, was riding on the shared-use path around Hogganfield Loch when he encountered a section of path submerged in surface water. As he cycled through the flooded area, carefully taking a route through what he thought to be the shallowest part, his front wheel struck a pothole concealed beneath the water, causing him to be thrown from his bike.
When Steven later returned to the scene, he found the pothole remained submerged and measured the defect. Photographs showed a significant pothole hidden beneath standing water on a busy shared-use route used by cyclists and pedestrians alike.
Serious wrist fracture leads to surgery and rehabilitation.
Steven required surgery involving metal plate fixation and faced a lengthy period of rehabilitation.
As the injury affected his dominant hand, everyday tasks became difficult and he was unable to continue many of the cycling and photography activities that formed an important part of his life.
Investigation reveals long-standing flooding and path defects.
Cycle Law Scotland investigated the circumstances of the accident and pursued a claim against Glasgow City Council.
We carried out a Freedom of Information request to Glasgow City Council and found, shockingly, that there seemed to be no records of the path being inspected for safety or defects.
We found witness evidence indicating that the path at that location was regularly flooded and that the surface had been damaged for at least a year prior to Steven's accident.
Glasgow City Council accepts liability for cyclist's injuries.
Liability was quickly accepted by the Council and we were able to secure compensation without the need for court proceedings.
The risks of hidden potholes on shared-use paths.
Steven's case highlights the dangers that can arise when shared-use infrastructure is not maintained or routinely inspected. Standing water can conceal significant defects, leaving cyclists and other path users with little or no opportunity to identify and avoid hazards before it is too late.
While cyclists should always take care when riding through flooded sections of a path, they are entitled to expect that public infrastructure will be maintained to a safe standard. A hidden defect beneath surface water can pose a serious risk even to the most experienced rider.
This case serves as an important reminder that standing water should always be treated with caution. However, it also demonstrates that when hidden hazards cause preventable injuries, those responsible for maintaining public infrastructure can and should be held accountable.
Our Award Winning Team
Brenda Mitchell
Senior Partner
Brenda has been a Personal Injury Lawyer for over 38 years and for the last 20 years has specialised representing injured motorcyclists, cyclists and pedestrians.
Jodi Gordon
Partner
Jodi is a Partner at RTA Law LLP with 14+ years’ experience in catastrophic injury claims for vulnerable road users including cyclists and motorcyclists.
Thomas Mitchell
Partner
Thomas represents clients who have been involved in road traffic incidents and he specialises in representing vulnerable road users such as pedestrians, cyclists and motorcyclists.
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