How To Claim Compensation For An Accident On A Pavement? – Personal Injury Caused By Pavement Defect

    How Do You Claim Compensation For An Accident On A Pavement?

    By Olivia Admin. Last updated 15th March 2021. Welcome to our guide on how to claim for an accident on a pavement. When walking down the street, one of the last things you might expect to happen is to slip, trip or fall and injure yourself. Due to the number of people that use public walkways on a frequent basis, a pedestrian footpath should be a safe and hazard-free area.

    If a third-party, such as a local council, neglects their duty of care to uphold proper maintenance duties, it could cause the pavement to become hazardous. If you suffered a pavement accident as a result of such negligence, you could be eligible to make an accident on a pavement claim.

    In the event that you’ve slipped, tripped or fallen on a hazardous pavement, you may be questioning whether you could make a personal injury claim yourself. Within this guide, we’ll discuss accidents on a pavement, how a third party could be at fault, and how our panel of personal injury solicitors could be of assistance in pavement accident claims.

    When reading this guide, you might have additional questions about the claims process, or you may wish to proceed with making a claim. If that is the case, then why don’t you contact a member of our team? Our friendly advisors can offer free, no-obligation legal advice and answer any questions that you might have. So if you wish to speak with a member of our team about your potential case, call us on 0161 696 9685. Our phone lines are open 24 hours a day, 7 days a week.

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    A Guide To Claims For An Accident On A Pavement

    Accident on a pavement claim

    Accident on a pavement claim

    As mentioned above, this accident on a pavement claims guide discusses pavement accidents that have been caused by the negligence of another party.

    When strolling down the street or wandering around your favourite park, it is fair to assume that being injured or involved in an accident isn’t something that will cross your mind. However, there are some unfortunate circumstances where a pavement accident could occur, and it could be related to the negligence of a third party. Within this guide, we’ll answer questions regarding the claims process, address how a third party could be at fault, and describe how our panel of personal injury lawyers could be of service.

    Some key questions this online guide aims to clarify includes:

    • What is a personal injury claim?
    • What is a pavement accident, and how are they caused?
    • Could I receive compensation for a fall?
    • What is a No Win, No Fee Agreement?
    • Why choose Legal Helpline to handle your claim?

    Before we delve into the contents of this guide, it is worth highlighting that all claims for compensation could be affected by the personal injury claims time limit.  All personal injury claims must be issued within 3 years of the date of the accident. For more information and to discover whether your potential claim meets the applicable time limit, please contact a member of our team on 0161 696 9685.

    What Are Public Pavements?

    You might be wondering what is technically considered a public pavement and how an accident on the sidewalk could be caused by the negligence of another? In simple terms, a public pavement is a raised, paved or asphalted path that is often located at the side of a road and is strictly designated for pedestrians. Pavements are located in highly populated places such as city centres, residential streets and parks, and their purpose is to provide pedestrians with a safe space to roam. 

    To ensure the safety of the pedestrians that are using the pavement, certain parties could be responsible for the pavement’s maintenance and upkeep.  Most city councils are responsible for the maintenance of (most) pavements. This includes removing weeds or replacing broken and/or missing slabs. However, it is worth noting that both businesses and private landowners are responsible for the pavement situated on their land. Therefore, there is a variation of parties that could be liable in the event you become injured or harmed due to a hazardous pavement.

    For more information about making an accident on a pavement claim, please continue reading.

    What Is An Accident On A Pavement?

    An accident due to pavement conditions could be in connection to various factors that range from pure happenstance to the negligence of a third party. To further illustrate how accidents like this can vary, we have listed some examples:

    • Weather – wet pavement accidents and accidents of a similar nature are often caused by weather conditions, such as ice, rain, and snow. These conditions could have an impact on the pavement materials, which could lead to slippy or uneven ground, or the development of potholes.
    • Poorly Lit Locations – An accident on the pavement could be caused if the area has been poorly lit. Lighting is essential, especially in places like parks. Not being able to see the ground due to darkness could potentially lead to a cyclist accident or a slip, trip or fall.
    • Poor Maintenance – Like previously stated, the local council is often responsible for the maintenance of pavements in places such as parks. However, business owners and private landowners would be responsible for the pavement in their local area. Therefore, if the party responsible has failed to properly maintain the pavement on their land, then this could make them liable for any accidents that occur.

    From 1979 to 2013, the government reported that the number of serious injuries sustained from pedestrian accidents has fallen over the last 30 years. 2013 was the lowest year on record, with just 4,998 casualties recorded that year. The report also showed that pedestrians had a higher fatality rate than car occupants, around the same as that of cyclists.

    To learn about making an accident on a pavement claim for a slip, trip or fall on raised paving slabs, please see the next section.

    Slips, Trips And Falls Caused By Raised Paving Slabs

    Not only could a slip and trip cause broken bones and fractures, but in a severe scenario, it could cause head injuries and brain damage. Unfortunately, a slip and trip-related incident could occur in almost any environment, from public walkways to private land. For example, if you were to fall and become injured while on private property, then this could be directly caused by the landowner’s negligence and may constitute a breach of their duty of care.

    This point is echoed within the Occupiers’ Liability Act 1957, and once again in the Occupiers Liability Act 1984. Within these pieces of legislation, it is stated that the visitor to land or property should be reasonably safe when using the premises for its designed purpose.

    So in the event that you have been harmed on private land due to the negligence of its owner, then you might be wondering whether or not you have legal grounds to make a claim. If you have a valid claim, then a personal injury solicitor from our panel could assist you throughout the claims process.

    To learn more about making an accident on a pavement claim for a slip, trip or fall on broken or damaged pavements, please see the next section.

    Slips, Trips And Falls Caused By Broken Or Damaged Paving

    A personal injury can be a traumatic experience for any individual, especially when the accident was caused by the negligence of a third party. If you were injured by a slip and trip-related incident that was caused by damaged paving, then you might be wondering whether or not you could have grounds to make a claim. If a negligent party was at fault, then a solicitor from our panel could help you. It is also worth remembering that a claim for compensation could be made if you were injured while cycling too.

    Although the law states that cyclists should refrain from using pavements, this does not directly apply to children. If for example, a piece of pavement in a park were to be uneven, it could cause a child to fall from their bike and become injured or harmed. If that is the case and an accident occurs, then a solicitor from our panel could assist. If you wish to make a claim on behalf of a child (under the age of 18) or an adult who is unable to handle their own claim, then you could pursue a claim on their behalf. In doing so, you would be known as a ‘litigation friend’.

    To discover more information regarding the role of a litigation friend, please click here. Alternatively, to learn more about making an accident on a pavement claim for different types of incidents, please see the next section.

    Other Types Of Accident On A Pavement

    In terms of slips and trips, employees may also be subject to injury if an employer neglects their duty of care. The HSE claims that a slip and trip-related incident in the workplace is often caused by one of three factors: design and maintenance, walkways, and housekeeping. To prevent employees from being injured in the workplace, the HSE states that there are cost-effective measures that could be performed to ensure a safe working environment has been achieved. This includes:

    • Risk assessments
    • Routine inspections
    • Regular upkeep
    • Provide training where applicable
    • Provide safety gear where applicable

    To learn who could be liable for an accident on a pavement claim, please see the next section.

    Who Has Responsibility For Pavement Maintenance?

    As mentioned above, many different parties could be responsible for the maintenance and upkeep of pavements. For example, public spaces like parks would likely be the city council’s responsibility, whereas an uneven pavement located in a shopping centre could be a private owner’s duty of care.

    Establishing Who Was At Fault For Your Accident

    There could be a handful of parties that could responsible for your injuries. However, liability for an accident on a pavement claim is a different thing.

    Liability depends on where the incident occurred and who was responsible for its maintenance. For example, if your local council was responsible for the maintenance of the pavement that you tripped on, they would typically be liable for any subsequent claim you made.

    To discover who is responsible for your pavement accident, please click here or call us.

    Reporting Your Pavement Accident

    In the event you have tripped on a pavement that has caused you injury or harm, then you might consider making an accident on a pavement claim. If that is the case, then there are some steps you should consider taking. You must have evidence. Without evidence, it could be difficult to make a successful claim for compensation. So if you have been injured due to the fault of another, you could consider:

    • Taking photographic evidence of the defective pavement.
    • Exchange contact details with those that witnessed the accident.
    • Report the incident to the owner or local council.
    • Seek medical attention if required.
    • Keep a well-documented report of any financial outgoings you’ve incurred after your accident.
    • Speak to a member of our team and receive free legal advice.

    What Special Damages May Be Awarded For An Accident On A Pavement?

    Some people believe that an accident on a pavement claim would be simply related to physical injury, which isn’t always the case. If you are awarded compensation, your settlement package may consist of two heads of claim: general damages and special damages. 

    General Damages – A general damage claim takes into consideration the pain, suffering and loss of amenity inflicted by the physical injury.

    Special Damages – A special damage claim often relates to the financial losses or expenses incurred, or will be incurred in the future, as a direct result of the accident. Here are a few examples of the things that you could claim for:

    • Travel Costs – If an accident renders you unable to drive, then you might have to use public transport to get from A to B. If that is the case, then the cost of travel could be factored into a claim.
    • Loss of Earnings – If you have been injured due to faulty pavement, then you might require time to heal from the injuries inflicted. During this period, it could affect your ability to earn a living, meaning that you lose out on your regular income. If that is the case, then the loss of earnings could be factored into a claim for compensation. If the injuries are serious enough to prevent you from returning to work altogether, you could claim for loss of future earnings too.
    • Aftercare Related Costs – If you require equipment to adjust to life after an accident (such as chair lifts), or if you require around the clock care, then these expenses could be taken into consideration.
    • Medical Expenses – This relates to treatment that is not covered by the NHS and requires you to pay a fee. This may also apply to additional expenses such as prescription costs.

    Accident On A Pavement Compensation Claims Calculator

    An accident due to poor pavement conditions can inflict serious injury and harm, and in some cases, an accident of this nature could be caused by the negligence of another. If you have been injured after an accident on the pavement, then you might be wondering how much compensation you could be entitled to as part of an accident on a pavement claim. 

    Some claimants might use a personal injury claims calculator to gain an idea of the value of their claim. We find they can be tricky to use, so instead, we have provided a personal injury table that explores various injuries, their severities, and the payment awarded. These figures are taken from the Judicial College Guidelines, a legal publication that details compensation awards made by the courts. It is worth remembering that all claims for compensation are inherently different, and the compensation that could be awarded will reflect the unique circumstances of the case.

    Injury Injury Severity Compensation AmountInjury Description
    Chest InjuryMinorUp to £3,710A minor chest injury of this nature is in relation to fractured ribs or soft tissue injuries that cause pain and disability over a period of weeks.
    Check InjurySevere£29,380 to £51,460An injury of this nature is often expected to cause damage to the chest and lungs, inflicting a level of continuing disability.
    PTSDMinor£3,710 to £7,680Minor levels of PTSD are often expected to make a full recovery within one to two years. However, the symptoms and signs of PTSD could persist beyond this period.
    PTSDModerate£21,730 to £56,180Moderate levels of PTSD are often expected to have a decent recovery, but still require professional help. The affects are likely to cause disability for the foreseeable future. (Extreme cases will be in the higher bracket).
    PTSDSevere£56,180 to £94,470A severe case of PTSD is often expected to impose on every day and professional life. The affected individual will display signs of significant trauma and will not approach a pre-trauma level.
    Facial DisfigurementMinor£3,710 to £12,900In cases of this nature, it is expected to cause one scar that could be camouflaged.
    Facial DisfigurementSevere£27,940 to £91,350After an accident, the injuries inflicted could cause severe scarring on the face. In cases of this nature, it is often expect to have a psychological effect on the individual, especially if they are between the ages 16 to 30.
    Brain DamageMinor£14,380 to £40,410A severe case of brain damage is often expected to inflict life-altering repercussions. The affected individual is expected to have little or no language, function, and a shorter life span.
    Brain DamageSevere£264,650 to £379,100A severe case of brain damage is often expected to inflict life-altering repercussions. The affected individual is expected to have little or no language, function, and a shorter life span.

    No Win, No Fee Claims For An Accident On A Pavement

    If you have legitimate grounds to make an accident on a pavement claim, a solicitor from our panel could offer to handle your case under a No Win No Fee agreement. If you have never heard of a No Win No Fee agreement before, it essentially acts as a mutual contract between the solicitor and you as the claimant. 

    With a No Win No Fee agreement there are no upfront costs, nor will you be asked to pay any fees during the case. And if your claim is unsuccessful, you will not have to pay any of the fees your solicitor has incurred in pursuing your case. However, if the solicitor successfully achieves a settlement, then your solicitor may seek a small contribution toward their costs. This is known as a success fee and would be deducted from the compensation awarded at the end of the claim. Don’t worry, the success fee is legally capped and will be agreed upon with your solicitor before commencing the claim. 

    In short, No Win No Fee agreements give claimants financial protection and the confidence to pursue justice.  

    To discover whether or not a solicitor from our panel could handle your claim, please contact a member of our team today.

    How Legal Helpline Could Assist With Your Claim

    In the event you have been injured by the negligence of another, then you might contemplate making an accident on a pavement claim. If that is the case and you decide to work with Legal Helpline, then we could connect you to a solicitor from our panel.

    With 30 years of experience handling claims of this nature, our panel of solicitors are well-versed in the personal injury claims process and have a terrific record of recovering the maximum amount of compensation possible for their clients. They’ll expertly guide you through the claims process, debunking legal jargon along the way, and if ever you have a query or would like an update on your claim, they’ll be on hand to take your call. So if you wish to begin a claim with a solicitor from our panel, then please contact a member of our today.

    Contact The Team At Legal Helpline Today

    If you wish to begin an accident on a pavement claim, then we have a variety of methods you can make contact. Firstly, our phone lines are open 24 hours a day, 7 days a week and are free to call. Our friendly advisors can offer free, no-strings-attached legal advice and will answer any questions that you might have. Secondly, you could enquire through our online form. Once submitted, a member of our team will review your enquiry and contact you at a time that suits you.

    • To chat with an advisor, the number to call is 0161 696 9685.
    • If you wish to enquire online, then please click here.

    Accident on a Pavement Claim FAQs

    Here are some common questions asked by prospective claimants.

    Who is responsible for pavements?

    Typically, local councils and authorities are responsible for the maintenance of public pavements in Britain. However, it’s best to speak to our team about making an accident on a pavement claim, as claims against the council are tricky. If you have grounds to claim, our panel of personal injury lawyers can help you get the compensation you deserve.

    How long can you make a claim after an accident?

    Personal injury claims must be made within 3 years of the incident (or realising you suffered as a result of it). If you miss this time limit, you subsequently miss out on the compensation that you would have been entitled to.

    External Links

    In connection to this article about pavement accident claims, we have provided some additional links that could be of use.

    Thanks for reading our guide on how to claim for an accident on a pavement.

    Guide by MN

    Edited by REG