Who is Responsible if I Tripped on Pavement?
We specialise in helping victims of injury claim the compensation they may be entitled to
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.
So 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 agents.
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 also 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 is on private property such as a shopping centre or an apartment complex, then the same conditions regarding proving liability apply. The property owner’s obligations are also 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 conversation to answer your questions about claiming compensation. So contact The Compensation Experts today and let us help you.
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. In these cases you may then have a longer period to claim.Find out more
How much could I claim?
As every injury is different, the amount of compensation paid out can also differ case to case. Varying factors lead to the final figure. These include: extent of your injuries, loss of earnings, future losses and more.
Our dedicated team of experts will give you an indication of how much you could potentially claim for.Find out more
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. They will then notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be up to date every step of the way.Find out more