Parents of Ben Foulds to sue Devon County Council over late son's injury
The family of a teenage cyclist left tragically paralysed after he was impaled on a set of roadside railings while travelling home from college have launched a High Court compensation bid.
Ben Foulds suffered catastrophic spinal injuries when he lost control of his bike, careering through a retaining wall and fence beside Old Sticklepath Hill, Barnstaple, in November 2010.
He landed head-first on a road 15 feet below and an eight-inch long part of the metal railing plunged into the side of his body.
Ben struggled to cope with his injuries for the next two years. He was confined to a wheelchair and suffered devastating psychological effects. But his family were torn apart in October last year when Ben's father walked into his room to discover he had died without warning.
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Ben's parents, Andrew Foulds, of Wilson Close, Daventry, and Claire Foulds, of King Edward Street, Barnstaple, are now suing Devon County Council, as highway authority for the area, alleging negligence and breach of duty in failing to properly maintain the fence which Ben crashed through, hurtling to the valley below.
The writ states that Ben's family are seeking between £50,000 and £100,00 in damages; however the county council denies all liability in the case.
5 Comments
by Tony248
Monday, March 18 2013, 7:54PM
“We are a bit short of facts here, but it could be that the family are suing as his next of kin for the accident to him?
Once again the facts haven't emerged yet, but if the Council was responsible for a wall which was there to prevent people falling 15 feet and failed in their duty to keep it in good repair, there is no reason why they should not be liable. Ben might have lost control of his bike (we aren't told why) but had the wall been in good order it would not have resulted in such a ghastly tragedy.”
by billinbarum25
Monday, March 18 2013, 6:28PM
“very very sad but were DCC responsible for the way this young man rode his bike ??
what is the point in sueing now After the poor lads died ??
why is it now that people are always ready to blame someone else for their own actions ??
paying these parents any amount of money sadly wont bring back their son or change anything within our useless and corrupt councils”
by skareggae72
Monday, March 18 2013, 3:47PM
“I seem to remember Ben being billed/invoiced the costs of repairing the railings by DCC whilst he still lay suffering in a hospital bed,i bet they are regretting that now,incredibly bad taste & amateur from DCC.”
by Tony248
Monday, March 18 2013, 12:09PM
“Don't comment if you cannot say anything useful, I guess.....
What a tragic story.”
by cubed3d
Monday, March 18 2013, 9:34AM
“Don't use a mobile phone whilst cycling I guess....”