By Llauren Hope. Last Updated 15th April 2024. Welcome to our guide on tripped on pavement claims.
If you sustained an injury after you tripped on the pavement, then you could be entitled to pavement accident compensation.
Tripping, slipping and falling on the pavement or public highway are very common occurrences that happen daily across the UK.
The majority of people just see it as simply an accident that wasn’t anyone’s fault. However, often this isn’t actually the case, and their trip, slip or fall could have been prevented, and the blame actually falls with a public body such as the local council, authority or government. If the accident happened on private land then it’s quite possible that the landowner or occupier may be to blame.
Any public bodies, company owner’s or land owner’s that allow or invite the public on to their land have a duty of care to make sure that any used and accessible areas such as pavements are fit for purpose and safe. If they fail to uphold their duty of care and someone becomes injured as a result, then they may well be found liable for damages.
What Should My Next Step Be?
If you have had an accident on the pavement, think about why or how it happened. Was the pavement uneven? Were there broken slabs? Was it icy? Were there items left in the way cluttering the path? If the answer to any of these questions is yes, then depending on the circumstances, you may have good reason to seriously think about claiming for a pavement fall.
Legal Helpline is an expert in the personal injury claims industry and can help and advise you on the best steps to take to make successful pedestrian accident claims.
To get in touch:
- Call us on 0161 696 9685
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Jump to a Section
- Who Can Make Tripped On Pavement Claims?
- How Do I Prove A Claim If I Tripped And Fell On Uneven Pavement?
- How Much Compensation Could Be Awarded In Tripped On Pavement Claims?
- I Tripped And Fell On Uneven Pavement, Could I Make A No Win No Fee Claim?
- Helpful Links and Resources
Who Can Make Tripped On Pavement Claims?
If you tripped and fell on uneven pavement, you might be wondering what criteria your case needs to meet in order to qualify for compensation. Generally, to make a personal injury claim, you need to be able to prove that:
- You were owed a duty of care.
- This duty was breached.
- Because of this breach, you were injured.
For example, when you’re in a public place, the controller of that space owes you a duty of care under the Occupiers’ Liability Act 1957. This means that they need to ensure that you are reasonably safe while using the space.
For example, this can include fixing faulty paving stones in a timely manner, or clearly marking where it is unsafe to walk. If they fail to uphold their duty of care, and you are injured as a result, then you may be able to make a claim.
Most public pavements are the responsibility of the local council or highway authority. To learn more about when you could be entitled to claim for a pavement accident, get in touch with our helpful team.
How Do I Prove A Claim If I Tripped And Fell On Uneven Pavement?
It’s important to be able to prove your claim. Collecting evidence is one of the most important parts of the claims process, and can have a significant impact on your payout. For example, evidence can help prove how severe your injuries are, and whether or not they caused you financial harm.
Some examples of evidence that you could use to help prove a claim after you tripped and fell on uneven pavement include:
- Photographs: Taking photographs of your injuries can help prove their severity, and taking photographs of the paving stone that caused your injuries can also help you prove how your injuries happened.
- CCTV footage: In some cases, you might be able to request CCTV footage of the accident, which can help you prove who was responsible.
- Medical records: Your medical records and other medical documentation can help prove how severe your injuries are, and what kind of treatments you’ll need to recover.
- Financial records: Invoices, receipts, and bank statements can all help prove the financial losses you may endure as a result of your injuries.
- Witness statments: You can’t take witness statements yourself. However, if you take down their contact details, a solicitor or professional can take their statements at a later date.
If you choose to make your claim with the help of a solicitor, then they can assist you in proving your claim. Contact our team of advisors today to learn more.
How Much Compensation Could Be Awarded For Tripped On Pavement Claims?
One of the most popular and often one of the first questions we get asked is ‘How much compensation can I claim for a pedestrian injury?’ Unfortunately, as much as we’d like to give an exact answer to this question, due to the many variables and every case being unique in its individual circumstances, it’s impossible for us to do so. However, we have put a compensation table together to show the average amounts given for particular injuries to at least show what amounts may be possible.
| Reason for Compensation | Average Payout Amounts | Comments |
|---|---|---|
| Multiple Severe Injuries With Special Damages | Up to £400,000+ | A compensation award to reflect multiple serious injuries and their financial losses such as medical expenses, lost earnings and travel costs. |
| Head Injury - Moderate (i) | £183,190 to £267,340 | Dependency is less than above, but disability still present. Severe intellectual deficit with personality changes, speech problems, risk of epilepsy. Unable or ability greatly reduced to be able to work. |
| Head Injury - Less Severe | £18,700 to £52,550 | The claimant will have made a good recovery and starting to return to some social life and possibly work. However, normal functions such as concentration and memory may still be very much affected which may affect lifestyle choices and future work prospects. |
| Knee Injuries - Severe (i) | £85,100 to £117,410 | The knee joint will have disrupted causing ligamentous damage and requiring lengthy treatment. |
| Pelvis and Hip Injuries - Moderate (i) | £32,450 to £47,810 | A significant hip or pelvis fracture that does not result in any major permanent disability. |
| Wrist Injuries | £29,900 to £47,810 | An injury resulting in a significant permanent disability but some useful wrist movement will remain. |
| Arm Injuries - Less Severe | £23,430 to £47,810 | A degree of recovery will have taken place, or is expected to, despite suffering significant disabilities. |
| Back Injuries - Moderate (ii) | £15,260 to £33,880 | Backache caused by the muscles and ligaments in the back being disturbed. |
When making pedestrian accidents claims, there are a number of items that you can include in your claim. Sustaining an injury can affect many areas of your life and these should be accounted for in your claim. Things you can claim for include:
- General Damages – This accounts for your pain and suffering, mental anguish and anything else that is an aspect of your actual physical injury.
- Medical Expenses – Any extra costs incurred such as prescription fees, counselling fees, or private treatment for example should be included.
- Lost Wages – If you have had to take time away from work, you can include the wages you have lost and any future earnings that may be lost as a result of your injury.
- Travel Expenses – These are any expenses to and fro medical appointment or treatments, they can also be for any vehicle adaptions you may have had to pay for due to your injury.
- Care Claim – If you have had to be cared for whilst recovering, the person who is helping you can also file a claim.
Please remember that these are average amounts as an example and not a guarantee of the amount you may possibly be awarded. For a more in-depth look at your own individual case, contact Legal Helpline.
I Tripped And Fell On Uneven Pavement, Could I Make A No Win No Fee Claim?
If you were injured because you tripped and fell on uneven pavement, you might be wondering how a solicitor could help you. You don’t have to work with a professional, but it can bring a number of benefits if you do.
For example, solicitors have years of training and experience that they can use to help explain the claims process, and answer any questions you may have. They can also communicate with the other party on your behalf and help you to negotiate a settlement.
When our panel of solicitors work with a client, they first ask them to sign a Conditional Fee Agreement (CFA). This is a kind of No Win No Fee agreement that allows you to work with a professional without paying any upfront service fees, or any fees for their work if your claim fails.
If you make a successful claim, then your solicitor will take a success fee. This success fee is taken from your compensation as a small, legally-capped percentage.
Our advisors are here to help. When you get in touch, they can offer a free consultation, during which they can answer any questions you may have about claiming. If they find that you could have a valid claim, they may then connect you with one of the expert solicitors from our panel.
To get started:
- Call 0161 696 9685
- Contact us online.
- Use the live chat feature.
Helpful Links and Resources
Here we have provided an assortment of useful links which may be of use to you when deciding to pursue tripped on pavement claims.
Torn Cartilage Injury Compensation Claims
Head Injury Compensation Claims
Get information on making a 50/50 accident claim and who pays for what with our helpful split liability claims guide.
HSE.Gov.UK – Slip and trip costs
The Health and Safety Executive (HSE) website with some interesting information on how slip, trip and fall accidents can have an effect on people’s lives and the costs resulting from being injured.
Gov.UK – Landowner responsibilities
This is the government’s overview of the landowner’s responsibilities regarding public rights of way.