I Tripped on Pavement: Who is Responsible?
Cutbacks in local authority spending have seen the condition of roads and footpaths deteriorate around the country, and it is not uncommon for someone to trip and hurt themselves over a loose paving slab or pothole. The Compensation Experts work with personal injury lawyers who specialise in obtaining compensation for victims as the result of a local authority or landowner negligence.
If you have been hurt from a trip or fall on uneven pavement, then call or fill in our online form for a free assessment and consultation with one of our trained advisors.
Can I Make a Claim?
To have grounds to claim compensation for tripping on uneven pavement you must prove:
- That you were injured. To request payment of damages, you actually have to suffer damage. Falling without injury is not sufficient legal reason for asking for compensation.
- That the landowner or local authority was remiss in keeping the pavement in a good state of repair. You may think that simply showing your injury together with photographic evidence of the accident site would suffice, but that is not enough to prove liability.
- You need to be over 18 and of sound mind. If you are neither of these, then you can have a “litigation friend” claim on your behalf with any compensation being held in a trust until you are considered legally able to manage it yourself.
If you fulfil these three criteria, then you may be able to claim damages for your trip and subsequent damage and the personal injury lawyers we work with can help you do this.
Proving Liability on Council Land
The average compensation claim for a slip, trip, or fall takes between six and nine months to be resolved. One of the main reasons for this is the time it takes to collect and assess the necessary evidence.
The Highways Act 1980 legislates that local authorities are responsible for keeping all roads and footpaths in their district safe to use. Keeping all roads and pavements marble smooth at all times is both unnecessary and impractical, but a council does have a legal duty to repair the damage that occurs to surfaces by making necessary repairs within six months of being notified of the risk.
In addition to photos of the accident site, your lawyer will access council records for reports made about the section of pavement where you tripped, to see if anyone else has hurt themselves there or complained about the risk. They will also check the authority’s maintenance schedule to find out if they are correctly monitoring and repairing roads and pavements. To claim compensation, you need to have fallen in a pothole more than one inch deep or tripped over uneven paving which sticks up by at least an inch (2.5 centimetres).
Slips, Trips and Falls on Private Property
If the pavement you tripped on his on private property such as a shopping centre or an apartment complex, the same conditions regarding proving liability apply. The property owner’s obligations are covered in the Occupier’s Liability Acts 1957 and 1984. This legislation also relates to the uneven pavement in a private garden.
We are happy to offer you a free, no-obligation consultation to answer your questions about claiming compensation. Contact The Compensation Experts today and let us help you.
Need some help?
Am I eligible?
If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.
Exceptions to this are for instance industrial disease or if you were a child at the time of the accident you may have a longer period to claim.
How much could I claim?
As every injury is different, the amount of compensation paid out can differ case to case. Varying factors lead to the final figure include: extent of your injuries, earnings missed out on, future losses and more.
Our dedicated team of experts will give you an indication of how much you could potentially claim for.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.
Your solicitor will gather all the evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be keep up to date every step of the way.
Why should you use us?
No Win No Fee*
We assess all claims on a No Win No Fee basis, then we can determine how successful a claim is likely to be. This service is 100% free.
We assess each claim on its merits with the information provide, which aids us determine its likely success rate.
Our dedicated panel are experts in securing compensation no matter the injury.
Our personal injury solicitors are committed to securing the best possible outcome for you while providing expert support every step of the way.
Personal Dedicated Solicitors
Each client is provided with their own Personal Injury solicitor who will work on the case from start to finish, being there every step of the way. The client will be provided with a direct phone number and direct email address of the solicitor.
Expert no win no fee solicitors working for you
We specialise in helping victims of injury claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your case you don’t pay! Once you make contact, our experienced team will work to recover the maximum compensation you are entitled to.