A mother is still battling for compensation three years after her young daughter was injured in an accident near their home.

Determined Hayley Potter has spent more than £3,000 in an attempt to force Brighton and Hove City Council to accept responsibility for a fall which left her daughter with a broken leg at just seven months old.

Baby Courtney was being carried by her father, Mark Wakefield, when he tripped on an uneven pavement near their home in Westbourne Street, Hove.

As the pair fell, the child took the full force of her 14st father's weight, her leg getting trapped under his arm as he attempted to shield her head from the impact.

Courtney spent two weeks in hospital and was in traction for another three. She has recovered and can walk normally.

Since the accident, in September 1998, her parents have been embroiled in a legal wrangle with the council. It denies liability.

Legal proceedings have now been issued by the couple's solicitors and a court case is pending.

Mr Wakefield tripped in a 2in deep hole where concrete had broken loose next to a BT manhole cover.

Miss Potter, 21, who lives in Dartmouth Crescent, Lower Bevendean, said: "They are trying to push the blame on to my partner but it's not as if he was wearing high heels.

"He was just walking along the footpath.

"I feel annoyed this has taken over three years but I'm not going to give up now. Taking it to court will cost a lot of money and we don't get legal aid. Our solicitor is handling it on a no-win no-fee basis.

"I know the council say they have to deal with so many claims but that's not my fault. The accident left Courtney in a great deal of pain. I was only 18 when I had her and it was very difficult to see my little girl suffer."

A council spokeswoman said she could not comment as legal proceedings had started.

Last month the council said that as long as it adhered to the provisions of the Highways Act and behaved in a reasonable manner, it was unlikely it would be found liable for compensation if anyone suffered an injury walking along the pavement.

It paid £16,222 in compensation for footpath-related accidents from April 1, 2000 to March 31, 2001.