If you sustained an injury after you tripped on a 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.
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 are experts in the personal injury claims industry and can help and advise you on the best steps to take to make successful pedestrian accident claims.
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- Tripped on pavement claims – A guide to claiming compensation
- Slip and trip accident statistics
- What is a trip on pavement claim?
- Who is liable if you’re injured by tripping on a pavement?
- I tripped on a pavement and injured myself, what should I do?
- What compensation can I claim for tripping on a pavement?
- Making a tripped on a pavement compensation claim
- How much compensation can I claim?
- Tripped on pavement no win no fee claims
- Can Legal Helpline help with my injury claim?
- Contact Legal Helpline
- Helpful Links and Resources
This guide had been produced as a first step to making a claim. By reading through the guide and becoming as informed and as prepared as possible, it will give your claim the best chance of being successful. This guide has lots of useful information such as what is involved when making a claim, what you can claim for, what you should do if you have been injured after falling on the pavement, a guide on how much compensation you could receive, and much more. We also highlight the benefits of using an experienced legal firm and how it can greatly increase your chances of success.
Please read through the guide carefully and follow some of the advice given, then feel free to call Legal Helpline for a free consultancy session to discuss your claim in more detail.
Slip, trip and fall accidents are the most common type of accident to happen within the workplace in the UK. The accident maybe small simple accidents such as slipping on a floor that wet, to more severe accidents that may involve tripping on the pavement due to an uneven surface.
Also, although it may come as a surprise, of all the fatal accidents in the UK, 15% are due to slip, trip and fall accidents, which come in second to road traffic accidents as being the top cause of fatal accidents.
These statistics just go to prove how common slip, trip or falling on the pavement or other public walking areas is. If you have sustained an injury due to falling on the pavement, then you may be eligible to make pedestrian accident claims for compensation.
A tripped on pavement claim is a compensation claim that is made when someone has sustained an injury due to tripping over on the pavement caused by poor installation or maintenance.
Pedestrian accident claims are very common in the personal injury claims industry and we as a legal firm encounter them very often. The majority of injuries resulting from a pavement accident are thankfully quite trivial such as cuts, scrapes, grazes, bruises and other soft tissue injuries, however, sometimes they can be more severe such as fractured and broken bones, concussion and back injuries. Unfortunately in rare cases, they can also result in paralysis and even death.
Obviously because the pavements are outside, the weather can be a contributing factor in hazardous conditions occurring. Often when it is snowing or in particular, icy, we find the number of people filing pedestrian accident claims increases quite dramatically.
Wet weather can also make the pavements more dangerous as they become slippery, also pavements can be more hazardous when dark with the winter months making them more problematic as the nights draw in so much earlier.
When weather conditions are possibly a contributory factor when you sustained your injury, it makes it more difficult to prove that your injury was due to someone else’s negligence. By having a legal team representing your case you can be sure that all aspects of the claim will be thoroughly researched and evidence found to prove liability and a settlement amount awarded if possible. As mentioned earlier, regardless of whether the owner of the land where the accident took place is a private owner or occupier, or whether the land is owned by the local authority or government, they legally have a responsibility to provide a safe environment for the public or any visitors whatever the weather.
If you have been injured due to tripping over on the pavement, liability is generally easier to prove as to trip over, normally it means that something has caused you to trip over such as a pot hole or uneven or loose paving slabs for example, or there could be something obstructing the walkway that should have been removed. In order for the pavement to be a trip hazard due to uneven or broken slabs, the pavement trip hazard height must be at least 1” high or deep. In these sorts of cases, the bodies responsible for the condition or state of the pavement could be held responsible for your injury.
So, if you have been injured due to slipping or tripping on a pavement, regardless of whether the bodies responsible for the pavement is the local council or authority, or are a private company, you may be entitled to trip or fall compensation. As pedestrian accident claims specialists, we have made personal injury claims on behalf of our clients for all sorts of slip, trip or fall claims in places available to the public such as pavements, shopping centres, car parks school premises and many more. Although negligence may not always be easy to prove, please get in contact with us and we can help you to establish whether or not you have a legitimate claim.
I tripped on pavement, who is responsible? According to the law, the persons responsible for maintaining safe public walkways in most cases are the local authority or council. They have a duty of care to regularly check and maintain any public walkways and areas to ensure that they are safe for public use. In cases where the land is privately owned, then those responsible will be the land owners or the land occupiers depending on the circumstances.
In any case, for successful claims against the council for personal injury, or against private owners and occupiers, liability will need to be proven. Some tips on how to gather evidence are included in this guide, but we would also strongly recommend getting in touch with us so that we can delve deeper into the legalities of your case and help to gather strong evidence in support of your claim.
If you have been injured due to a pavement accident and it was not your fault, you may be eligible to make pedestrian accident claims. As mentioned earlier in the guide, in order to make a successful claim, you need to prove who is to blame. To help to do this and as a way of gathering initial evidence that will help to prove the liability, there are a number of steps you can take following your accident, such as:
- Medical Assistance – Make sure to visit a medical professional to diagnose and treat your injury. A medical report will be made that will detail the severity of your injury and future prognosis. Your compensation award will depend heavily on the severity of your injury with the most severe injuries attracting larger payouts.
- Report – Report your accident to the local council or authority, or in the case of private land, the land owners and occupiers. They cannot then claim ignorance to the fact that the public walkway has caused an accident.
- Photos – Take photos of where the incident took place and also of the reason it happened. If it was because of a pothole or uneven or broken paving slabs, try to use some kind of prop or measuring device to show how high or how deep the hazard is. Also take photos of your injury as visual proof of your suffering.
- Witnesses – Gather the contact details of any witnesses to the incident so that a statement may be obtained at a later date. Witness statements are an invaluable piece of evidence.
- Time Limit – When making a personal injury claim, it must be filed within 3 years of the incident causing injury took place or from when the first noticeable symptom was realised.
- CCTV – If the area has CCTV, ask for a copy as evidence of the accident taking place.
- Expenses – Be sure to keep receipts of any expenses you may have incurred as a direct result of your injury such as medical or travel expenses.
- Diary – As soon as possible, write down exactly what happened, as much as you remember. Also make a diary of your injury symptoms including how painful they may be or how you feel in yourself.
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.
- Loss 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.
If you have no legal experience at all, making a slip, fall or tripping on pavement claim can seem like a minefield and a rather daunting prospect. Even armed with the information in this guide, it can still be pretty overwhelming trying to understand all of the legal jargon and processes. The easiest and safest option to make a successful claim would be to hire an experienced legal firm such as Legal Helpline.
If you contact us, you will firstly be offered a free, no obligation, consultancy session with one of our the personal injury claim solicitors who make up our panel. This session is an opportunity for you to discuss the nature of your claim and ask any questions you may have. We will use this time to gather as much information from you as we can about the incident that has caused your injury such as, when and where it happened, what happened leading up to, during and after your accident, whether you feel in anyway partly responsible at all, whether in your opinion there was something the land owner / occupier had done or failed to do which may have contributed to your accident and whether there were any witnesses, basically any questions that will give a clear picture of the facts surrounding your case. We will also look at the evidence you may have already gathered as well.
We always give an honest opinion as to whether or not we believe you have a legitimate case and good chance of success. If we feel you have a genuine reason to make a claim, in most circumstances we will offer to take on your case on a no win no fee basis and make your claim for you on your behalf. We may also offer a free local medical for a thorough examination of your injury if we feel it could be of benefit.
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|
|Mental Anguish||Up to £4,100||Fear of reduced life expectancy and impending death.|
|Head Injury Very Severe||£247,280 - £354,260||Very severe brain damage leaving claimant unresponsive to surroundings and in a vegetative state. Reduced life expectancy.|
|Head Injury - Severe||£192,090 - £247,280||Severely disabled and in need of constant care. Possible paralysis. Reduced life expectancy.|
|Head Injury - Moderate||£37,760 - £192,090||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||£13,430 - £37,760||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.|
|Head Injury - Minor||£1,940 - £11,200||Very minor brain damage, full recovery possible after a few weeks.|
|Neck Injuries||£2,150 -£130,060||The amount awarded will be heavily dependent on severity. The lower end of the bracket will be for minor injuries such as soft tissue damage or whiplash with full recovery expected, the top end will be for sever injuries causing paralysis and poor future prognosis.|
|Back Injuries||£2,150 - £141,150||The lower end for minor injuries with expected full recovery, the higher end for severe injuries resulting in paralysis.|
|Pelvis and Hip Injuries||£3,460 - £114,810||The lower end of the bracket will be for those with a lessr injury with expected full recovery within 2 years with no lasting effects, however the higher end will be for those with serious fractures possibly resulting in the dislocation of the lower back joint, a ruptured bladder and severe pain, long term disability most likely.|
|Arm Injuries||£5,810 - £114,810||Simple fractures with recovery expected to severe complications leaving the arm with no or little use permanently.|
|Wrist Injuries||£3,090 - £52,490||Soft tissue injuries to sever injuries leaving the wrist permanently damages and no ability to use it.|
|Knee Injuries||£5,250 - £84,360||Soft tissue injuries with full recovery to severe displacement and fracture of the knee joint causing permanent damage and disability.|
|Tooth loss and damage to teeth||£960 - £33,430||The lower amount for the loss of a back tooth, per tooth, rising to the top end of the bracket that may be awarded for the loss of several front teeth.|
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.
By using our no win no fee service, you don’t need to worry about any mounting legal fees as with this service there are no upfront costs, and no costs during the process either. If we win your case, then our fees are simply taken as a small percentage of the final settlement amount once it has been released. In the instance that we are unsuccessful with your claim, you are not required to pay us anything at all.
Making claims against the local council or private landlords can be a complex and lengthy process, if you were to hire a pay by the hour solicitor, you could be faced with many expensive fees during the process which could take up to several months and in extremely complicated circumstances, several years. As you can imagine, this is a huge financial gamble as there is no guarantee of a win at the end and if your solicitor lost your case then any costs you have paid them will be lost potentially leaving you in financial ruin. With our no win no fee, the financial burden of hiring legal help is completely removed as there is no gamble of your current finances whatsoever.
Contact Legal Helpline to find out more about our no win no fee service and how it could be a huge benefit to you.
Legal Helpline is a claims management company who has a panel of highly experienced and specialist personal injury claims solicitors, many of whom successfully deal with pedestrian accident claims on a very regular basis. We are very client focused and try to offer the best service that we can in order to be successful whilst taking into consideration our client’s situation and how they may be feeling. We understand that many of the accidents and injuries our clients have suffered have been traumatic and so always try our best to be emphatic to their situation in an attempt to prevent further any upset and stress when having to go over the events leading to their injury.
We are honest, reliable and hard-working and strive to get the best results and highest compensation payout that we possibly can for our clients.
If you choose to use Legal Helpline for your legal representative, you can be assured that you will be in the best hands and that they will do their upmost to get you the compensation you deserve as quickly as possible, allowing you to concentrate on your recovery.
If you have slipped, tripped or fallen on a pavement and sustained an injury, don’t just presume that it is just an unfortunate accident where no-one is to blame. The chances are that your accident may have been caused by negligence of the land owner, be it the council, local authority or a private company such as a supermarket, and therefore meaning that they are responsible and so making you entitled to claim compensation from them for your suffering and the negative impact your injury has had on your life.
For the best possible chance of success with your tripped on pavement claim, call Legal Helpline on 0161 696 9685 for informed, expert advice.
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.
This is the government’s overview on the landowners responsibilities regarding public rights of way.