I Tripped on Pavement. Who is Responsible?
We are a claims management company and receive payment from our partnered law firms. If your free claim assessment is successful, you will be connected to a specialist law firm.
I Tripped on Pavement: Who is Responsible?
It’s not uncommon for the condition of roads and footpaths to deteriorate over time, which means that pavement injuries – like tripping over a loose paving slab or pothole – can be a common occurrence.
The Highways Act 1980 legislates that local authorities are responsible for keeping all roads and footpaths in their district safe to use. It would be unnecassary and impractical for the council to keep all roads and pavements very smooth at all times, 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 any risks.
So, if you have been hurt because you tripped and fell on an uneven pavement, the council could be held responsible. The Compensation Experts partner with personal injury lawyers who specialise in pavement trip claims, which occurred as the result of local authority or landowner negligence. If you think you might have a pavement trip claim, call or fill in our online form for a free assessment with one of our agents.
Can I sue the council for tripping?
To have grounds to make a compensation claim against the council, 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 pursuing 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 compensation for tripping on the pavement. For support or further information about this, please contact one of our agents.
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.
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 for tripping on a pavement, 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.
How much compensation could I receive for tripping on a pavement?
How much compensation you could get for tripping on a pavement will depend on a range of factors, including how badly you were injured and how those injuries impact your life, physically, psychologically and financially.
We’ll partner you with a solicitor who specialises in pavement trip compensation, who will take all of these factors into account when calculating your claim.
Many of our partner law firms will represent you on a No Win No Fee* basis, so there is no financial risk to you when making a pavement trip claim.
*Typically, customers pay 25% including VAT of the compensation amount that is recovered by our third-party law firms, although this is subject to your individual circumstances and the actual fee may be more or less than this. Termination fees may apply if you do not keep to the terms of the agreement.
We are happy to offer you a free, no-obligation conversation to answer your questions about claiming pavement trip compensation. Contact us on 0800 182 2191 or request a callback today.
