Claim Compensation if You Tripped and Fell On an Uneven Pavement

Updated: December 8, 2025

Reviewed by: Claire Jenkins

Updated: December 8, 2025

Reviewed by: Claire Jenkins

Slips, Trips and Falls Lawyer

Clare is a Slips, Trips and Falls Lawyer from one of our panel law firms.

What are pavement accident claims?

If you’ve tripped and fell on uneven pavement, you may qualify for a pavement fall claim. 

Tripping and injuring ourselves is usually the last thing we consider when we’re going about our daily business. We expect the council and government to maintain local pavements and walkways to avoid personal injury. However, in many cases, this maintenance is sorely lacking. 

And this doesn’t just extend to external pavements. From the local council to your nearest supermarket, it’s the responsibility of authorities and businesses throughout the UK to ensure your safety when you enter their premises. 

This could involve continual maintenance of the damaged area or posting hazard signs until the area can be repaired. 

Therefore, any accident that occurs on their property as a result of trips, slips, and falls relating to uneven surfaces qualifies you to make a trip on pavement claim. 

Am I eligible for a pavement fall claim? 

In the event of you falling due to an uneven surface, the grounds to make successful pavement fall claims require you to prove that you were actually injured. Falling without injury is not a sufficient legal reason for asking for compensation. 

In order to claim pavement trip compensation, you need to have: 

• Fallen in a pothole more than one inch deep 

• Tripped and fell on an uneven pavement that sticks up by at least an inch (2.5 centimetres). 

 Injuries you suffered as a result of this fall can include, but are not limited to: 

• Back injuries 

• Neck injuries 

• Arm injuries 

• Knee injuries 

• Ankle injuries 

• Foot injuries 

What evidence do I need to make a pavement fall claim? 

Sadly, injury alone is not sufficient evidence that you were injured due to a fall. In order to help prove that you suffered an uneven pavement injury, you should aim to provide some or all of the following as evidence: 

• Images of the injury that you suffered 

• Images of where the accident occurred as well as the time and date 

• Images of the pavement that cause the injury 

• Any reports by the medical staff that treated your initial injury 

• Follow up reports by any medical professionals you had to visit for further treatment 

• Any costs associated with travel for medical procedures and check-ups 

Other factors required for you to make successful pavement accident claims might also include: 

• Evidence that the landowner or local authority were remiss in keeping the pavement in question in a good state of repair. 

• Evidence that you are over 18 and of sound mind. If you are neither of these, then you can have a “litigation friend” claim on your behalf. In this case, any compensation will be held in a trust until you are considered legally able to manage it yourself. 

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. This is 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. With all this evidence in hand, your personal injury lawyer will then make your claim against council pavement injuries on your behalf. 

Taking images for a trip on pavement claim 

When it comes to taking pictures to help back up your pavement fall claim, there are numerous things you can photograph beside the uneven surface that caused your injury. This will help back up your claim. 

To begin with, you should also photograph the street surrounding the uneven pavement. Photograph properties, landmarks, shops, and street addresses so it’s very clear where your accident occurred. 

We’ve already mentioned the criteria required for an uneven pavement to be deemed deteriorated enough to cause injury. Thus, it’s crucial that you take photographs of the defect in question, as this will be a key piece of evidence in your claim. 

Take a few photos from 3 metres away, then some close-up shots, possibly with items such as large coins to act as a reference point for its size. This will help show that the defect in question falls within the necessary parameters for you to make a claim. 

Speaking with witnesses for your claim 

If at all possible, you should also aim to speak with any witnesses present at the scene of the accident. Be sure to get their names and contact details as their testimony can significantly improve your case. 

Other people who regularly use the same street might vouch for certain specifics that can strengthen your case. For example: 

• They could verify the length of time the defect has been there 

• They might recall any other previous accidents that took place at that spot 
• They could state for the record whether or not the defect has been reported to the council 

How long do you have to make a claim after an accident? 

In general, you have three years to make a personal injury claim. This is three years from the date of the injury, or from when the injury was attributed to the accident.  

There are some exceptions to this, for example, where the injured person is a child, they have until their 21st birthday to submit a claim.  

There are also exceptions for those who lack the mental capacity to make a claim. For advice on whether you have a valid claim, contact us today.

Suing the council for uneven pavement 

The Highways Act 1980 legislates that all local authorities are responsible for keeping the roads and footpaths in their district safe to use. 

But while keeping all roads and pavements marble smooth at all times is both unnecessary and impractical, a council does have a legal duty. It is responsible for repairing the damage that occurs to surfaces.  

Councils should make necessary repairs within six months of being notified of the risk. 

However, cutbacks in local authority spending have seen the condition of roads and footpaths deteriorate around the country. As a result, it’s not uncommon for someone to trip and hurt themselves over a loose paving slab or pothole. 

Unfortunately, unlike other personal injury claims, there is typically no single individual responsible for council pavement maintenance. So, in order to claim against council pavement injuries, you’ll likely need the help of a specialist personal injury lawyer. 

Having a personal injury lawyer will ensure that your claim is taken seriously., A lawyer will follow the proper legal procedures to get you the compensation you deserve. 

Identifying the right council to make a claim against a council pavement injury 

Even with all your evidence in hand, a key part of any pavement fall compensation claim is identifying the correct council to make your claim against. 

A great place to start is with the Postcode Checker for Pavement Compensation Claims on gov.uk. If you’ve tripped and fell on uneven pavement and know the location, you can simply insert the postcode to see: 

• The Council that’s responsible for that area 

• That Council’s official website & department to handle your claim for personal injury compensation 

Sometimes, the boundary for determining which council is responsible for a specific tripping hazard can be tricky. As such, you should work out the location as soon as possible to maintain the integrity and accuracy of your claim should boundaries change. 

Factors outside of your control when making a claim against council pavement defects 

Falling and injuring yourself on a council-owned pavement is undoubtedly grounds for making a pavement trip compensation claim. However, there are two factors that you can’t control that could play a role in your claim’s outcome: 

• Council funding 

• How weather affects the hazardous area in question 

Budget concerns can often mean that councils are unable to repair defects fast enough due to damage from the environment. 

For instance, consider how a pothole becomes a tripping hazard in the first place. These road hazards can build up over the long term as a result of battering from inclement weather and heavy traffic. 

Yet, until someone complains enough, councils may not know the extent of the problem. 

However, recording and presenting evidence of a pavement hazard still might not be enough to incite the council to act. 

Fortunately, if this is the case, your claim will actually be strengthened. Because the hazard was on the record, but the council didn’t act fast enough to address the issue, legally, they failed to prevent your injury. 

Claiming for an uneven pavement injury on private property 

If you tripped and fell on an uneven pavement located 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 for maintaining pavements and surfaces on their property are covered in the Occupier’s Liability Acts 1957 and 1984. 

How much compensation for tripping on a pavement? 

The amount of compensation awarded will depend on a multitude of factors, such as the severity of your injuries and the effect they have had on your life at both a physical and financial level. 

Your personal injury lawyer will take all of these factors into account, and more, when calculating your claim. This will improve your chances of receiving the highest level of compensation possible. 

Many of the solicitors that The Compensation Experts work with for pavement & floor claims are operated on a no win no fee basis.* This means that if you don’t win your claim for compensation, you are your family aren’t left with any scary costs. 

*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. 

What are your next steps? 

At The Compensation Experts, we work with industry experts when it comes to personal injury claims. This allows us to help you deal with the most complex slip, trip and fall cases with sensitivity and delicacy. We’re ideally placed to get you in touch with the right solicitor who can make a pavement fall claim on your behalf. 

Once you make contact with our team, they’ll put you in touch with an appropriate solicitor. Your solicitor will gather all possible information about your slip, trip, or fall injury before helping you to make a successful compensation claim. 

Complete and submit our claim form and an advisor will contact you to discuss the details of your case. They will determine in a matter of minutes whether you will be able to make a claim.