No claim basis for footpath injury

A man suffered a serious shoulder injury when he was attempting to step from a footpath up onto the forecourt of a bank. Responsibility for maintaining the footpath, but not the forecourt of the bank, lay with the highway authority, the council. The footpath was being re-laid by the Council who had raised the flagstones but had not yet completed laying tarmac on the footpath. The evidence was that there were no warning signs or cones and the area which was being re-laid was not cordoned off.