Pavement trip compensation claims

What are pavement accident claims?

If you’ve ever been out shopping or jogging and injured yourself in some way due to a poorly maintained pavement, that injury can qualify as an uneven pavement injury, meaning you and others could be eligible to make pavement accident claims.

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, but 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 to make a trip on pavement claim?

In the event of you falling due to an uneven surface, the grounds to make successful pavement accident 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 or tripped over uneven paving which 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 trip on pavement 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 as well as 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 with any compensation being 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, 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 trip claim, there are numerous things you can photograph beside the uneven surface that caused your injury, to help back up your claim.

To begin with, you should also photograph the street surrounding the uneven pavement, specifically 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, helping to 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

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 to repair the damage that occurs to surfaces by making 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, and 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, and the proper legal procedures are followed 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 trip 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 on a 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, so you should work out the location as soon as possible to maintain the integrity and accuracy of your claim should boundaries change.

Claiming for an uneven pavement injury on private property

If the pavement you tripped on is 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.

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

While falling and injuring yourself on a council-owned pavement is undoubtedly grounds for making a pavement trip compensation claim, 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.

How much can you win in pavement trip compensation?

How much compensation for tripping on a pavement will be 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 so that you can receive the highest level of compensation possible.

All 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. For example, you may be required to pay an additional fee for other costs such as after-the-event (ATE) insurance. Termination fees may apply.

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, and we’re ideally placed to get you in touch with the right solicitor who can make a tripped-on pavement claim on your behalf.

Once you make contact with our team, they’ll put you in touch with an appropriate solicitor who 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.

*Conditions may apply