Roy Phillips, of St Joseph's Court, Carlton Place, Teigmouth, writes:

Your article on page 5 of last week's Teignmouth Post headed No payout for elderly woman after trip in street will not surprise most of Teignmouth's senior residents who use this area of Bank Street. Nor will they be surprised at the dismissive treatment of this lady's justifiable claim for compensation.

The way the law stands, and is interpreted by the courts, is grossly biased in favour of the authority whose responsibility it is for safe usage of Teignmouth's roads and footpaths by residents.

Whereas years ago footpaths were paved with flagstones and roads tarmacadamed to a high degree of safety both for vehicles and pedestrians there has in recent years been a continual slide into cheaper types and options of repairs, far less maintenance and a far higher level of acceptable deterioration.

This particular area of Bank Street in Teignmouth has been in a poor state of repair for the last few years but because of the legally high level of default the courts find acceptable, a policy of make do and mend seems to be the acceptable level set. Thus those recently reported falls in this area are but a few of the total number of accidents that have occurred.

On a few occasions, I have been asked by people who have had such a fall or such a mishap (thankfully nowhere near as horrendous as what happened to Mrs Margaret Sheppard) what they can do. I have told them that the extremely unfair levels set to establish any claim for compensation are stacked against them, and that it is my firm belief and conviction that the authority and their insurers know that extremely few people can afford to fight for just and honourable treatment in the courts, not with the threat that failure to win their case will leave them liable to the high legal costs of their opponents as well as their own costs.

The fact remains that any financial compensation or payments in lieu to Mrs Margaret Sheppard, while fully and honoruable justified, would not make up for all the pain she has had to live through and is still living through.

Mrs Sheppard, sadly, now knows that while local authorities like Devon County Council pay fulsome lip service to the needs of their elderly residents, the reality is far, far different. Sadly, as with so many other things in in this country, justice is only available for those who can afford to pay for it.

Will Devon County Council prove me wrong in their dealings with Mrs Margaret Sheppard and at least give her some measure of financial recompense?MORE LETTERS IN OUR ONLINE EDITION