If you’ve suffered an injury due to a broken or uneven pavement, you may be entitled to claim compensation. Pavement accident claims allow you to hold the responsible party accountable when negligent actions lead to personal injury.
This guide explains who is responsible for maintaining pavements, how much compensation can be awarded in pavement accident claims, the evidence needed to support your claim, and how the No Win No Fee process works.
Whether you tripped on a raised paving slab or slipped due to poor maintenance, we are here to help. Our experienced advisors can connect you with our panel of specialist solicitors, who can support you every step of the way.
Read on to learn how to begin a compensation claim after a pavement injury. You can also contact us at any time for free and without obligation:
- Call 0333 0000729.
- Fill out our Contact Us form.
- Use our live on-screen chat box.
Jump To A Section
- Can I Claim Compensation After A Pavement Accident?
- How Much Compensation For Tripping On A Pavement?
- Is There A Time Limit For Claiming After Footpath Accidents?
- What Are The Most Common Reasons For Footpath Accidents?
- The Common Pavement Injuries Sustained
- What Evidence Should I Obtain To Support My Claim?
- Can I Make A Pavement Claim With A No Win No Fee Solicitor?
- More Information
Can I Claim Compensation After A Pavement Accident?
Yes, you may be able to seek compensation after a slip, trip or fall or other accident suffered on pavement if it can be shown that your injury was caused by a breach of duty of care.
Under the Occupiers’ Liability Act 1957, local councils and other parties responsible for public places have a legal obligation to take steps to ensure that pavements are reasonably safe for pedestrians.
So, you may be eligible to make a pavement accident claim if:
- The party responsible for the pavement owed you a duty of care
- This duty of care was breached.
- The breach directly caused your injuries.
If you’re unsure whether your situation qualifies, our advisors can provide a free eligibility check.
Who Is Responsible For Pavements?
Local councils and highway authorities are generally responsible for maintaining pavements in a safe condition. Under Section 41 of the Highways Act 1980, these authorities have a legal duty to ensure that highways, including pavements, are kept free from defects that could cause injury.
In some cases, private landowners or businesses may be responsible if the pavement is on or adjacent to their property. The responsible party may vary, but they all have a similar duty to maintain safe conditions.
Local councils are required to conduct regular inspections and repairs. Failing to do so could make them liable pavement defects and the injuries these defects cause, such as:
- Raised or loose paving slabs
- Sunken or uneven pavement surfaces
- Tree roots breaking through the pavement
- Broken kerbs
- Poorly lit or signposted hazards
If you suspect that you have suffered negligence, contact us today to find out how pavement accident claims are made.
How Much Compensation For Tripping On A Pavement?
How much compensation that can be awarded for tripping on a pavement will vary between claimants. This is because of the differing factors that are considered when calculating personal injury compensation.
The compensation you could receive for tripping on a pavement is made up of two parts:
- General damages – which compensates you for the emotional and physical impact of your pavement injuries.
- Special damages – which compensates you for the financial losses that have directly resulted because of your pavement injuries.
General damages are often calculated with reference to the Judicial College Guidelines (JCG), which is a publication that provides compensation brackets based on the type and severity of different injuries.
Below is a table based on the JCG (only the top figure is not from the JCG). These injuries are just some that could potentially be sustained from a pavement accident. Please keep in mind when viewing this table that none of these compensation brackets can be guaranteed since all pavement accident claims have unique circumstances.
| Type of injury | Severity of injury | Guideline compensation brackets | Notes |
|---|---|---|---|
| Multiple serious injuries plus special damages | Serious | Up to £500,000+ | An award that covers multiple serious injuries plus associated financial losses, such as past and future loss of earnings. |
| Brain damage | Moderate (c)(i) | £183,190 to £267,340 | There is a moderate to severe intellectual deficit and personality change, with no prospect of employment |
| Minor (e) | £2,690 to £15,580 | Where recovery can take between 2-3 years | |
| Arm | Severe (a) | £117,360 to £159,770 | A serious brachial plexus injury |
| Simple fracture (d) | £8,060 to £23,430 | Of the forearm | |
| Ankle | Very severe (a) | £61,090 to £85,070 | A transmalleolar fracture with extensive soft-tissue damage that results in deformity |
| Moderate (c) | £16,770 to £32,450 | Fractures and ligament tears that lead to less serious disabilities, such as difficulty standing for long periods of time | |
| Wrist | Less severe (c) | £15,370 to £29,900 | Where there is some permanent disability, such as stiffness |
| Fracture or soft-tissue injury (d) | £7,420 to £12,630 | Where a complete recovery takes longer than 12 months |
How Is Pavement Accident Compensation Calculated?
Pavement accident compensation is calculated by evaluating certain factors and losses under general and special damages.
When valuing general damages, several factors are considered, including:
- The severity of the injury
- The level of pain and suffering experienced
- The recovery time and whether a full recovery is expected
- Any long-term or permanent effects
- Loss of mobility or function
- Impact on your quality of life
- Psychological trauma linked to the accident
Additionally, here are some financial losses that can be reimbursed under special damages:
- Loss of earnings (past and future)
- Travel expenses related to medical appointments
- Prescription and treatment costs
- Costs of care and assistance
- Adaptations to your home if required
Special damages play a vital role in ensuring you’re fully compensated for your out-of-pocket expenses, but they must be backed up by clear evidence such as receipts, payslips, and invoices.
Let us help you calculate the full value of your claim, so you don’t settle for any less than you deserve. Call us today for tailored advice and to ensure all aspects of your claim are properly valued.
Is There A Time Limit For Claiming After Footpath Accidents?
Yes, the standard pavement accident claims time limit is 3 years, starting from the date of the accident, as per the Limitation Act 1980. However, there are important exceptions for certain individuals who may not be able to bring a claim on their own right away.
- For children under the age of 18, the 3-year time limit does not begin until their 18th birthday. A parent or guardian can act on their behalf as a litigation friend to make the claim sooner if desired.
- For adults who lack the mental capacity to manage their own legal affairs, the time limit is paused indefinitely. A trusted individual can be appointed as a litigation friend to make the claim on their behalf, provided they act fairly and competently in the claimant’s best interests. However, if the injured party recovers this capacity and they are deemed capable of making their own compensation claim, then the time limit runs from that date.
Litigation friends play a crucial role in ensuring that those who are unable to represent themselves still have access to compensation.
If you’re claiming on behalf of a child or someone without mental capacity, contact us today for clear advice on how to proceed.
What Are The Most Common Reasons For Footpath Accidents?
Footpath accidents often occur when those responsible for maintaining pavements fail in their duty of care.
Below are common causes of pavement accidents:
- Uneven paving slabs – A paving slab became raised by more than 1 inch due to ground movement. Despite being reported by a member of the public, the local council failed to inspect or repair it. As a result, you tripped, fell forward, and suffered a head injury.
- Tree roots breaking through pavement – Tree roots beneath the footpath lifted the surface, creating a clear tripping hazard. No warning signs or repairs were made by the local authority, leading to a pedestrian falling and breaking their ankle.
- Loose or rocking slabs – A slab had been loose for weeks, moving underfoot when stepped on. The council’s routine inspection schedule failed to identify it. You stood on it, lost balance, and fractured your knee in the fall.
- Poor lighting – A streetlamp was broken near a busy junction, leaving the area in darkness. The defect had been logged with the council a month earlier but was never fixed. You couldn’t see a deep pothole in the pavement and suffered a severe sprain after tripping.
- Icy conditions – After it snowed, the pavement was left in an icy condition. But, the local council made no effort to grit the pavement. Due to this untreated surface, you slipped and fell, fracturing your wrist.
- Construction work hazards – A pavement was partially closed due to nearby building works, but there were no signs, cones, or barriers warning pedestrians. You walked into the area unaware, tripped over a stack of loose bricks, and injured your arm.
In each of these examples, the responsible party failed to act on a known hazard or to implement reasonable measures to keep the pavement safe.
If your accident happened in similar circumstances, contact Legal Helpline today to find out whether you’re eligible to claim compensation.
The Common Pavement Injuries Sustained
Tripping on a pavement can result in a wide range of injuries. Some of the most common injuries caused by pavement defects include:
- Broken bones, such as wrists, arms or ankles.
- Head injuries from falling forward or hitting a hard surface.
- Hand injuries from bracing yourself during a fall.
- Facial injuries, including cuts or dental damage.
- Sprains or ligament damage in the knees or ankles.
- Back and neck injuries.
- Psychological injuries, including trauma or anxiety.
If you’ve suffered any of the above injuries, call us today to begin the pavement accident claims process and access the support you need.
What Evidence Should I Obtain To Support My Claim?
Gathering strong evidence is key to making a successful pavement accident claim. The more documentation you have, the easier it will be to prove liability and calculate the amount of compensation you’re owed.
Useful evidence for pavement accident claims includes:
- Photographs of the pavement defect from different angles. If you tripped over a raised paving slab, use a ruler to take a picture of the height of the defect.
- Contact details from anyone who saw the accident. They could provide a witness statement later on in the claims process.
- Medical records documenting your injuries.
- Accident reports filed with the local authority or landowner.
- Receipts, invoices, or payslips showing financial losses linked to your injury.
- Personal diary entries detailing your recovery and how your life was impacted.
Our panel of solicitors can help gather and organise much of this evidence on your behalf, allowing you to focus on your recovery without added stress or pressure.
To ensure your claim is properly supported and handled professionally, contact us today for assistance.
Can I Make A Pavement Claim With A No Win No Fee Solicitor?
Yes, you can make a pavement accident claim with the support of a No Win No Fee solicitor through Legal Helpline. Our panel of solicitors offer their services under a Conditional Fee Agreement (CFA), which is a specific type of No Win No Fee arrangement widely used in personal injury claims.
With a CFA:
- You won’t need to pay any upfront or ongoing solicitor fees.
- If your claim is unsuccessful, you won’t owe your solicitor anything for their work.
- If your claim is successful, a success fee (a small percentage capped by law) will be deducted from your compensation, and the rest will be yours to keep.
This approach allows you to pursue public liability compensation with peace of mind while your case is being managed. You can access expert legal representation regardless of your financial situation.
To begin your claim under a No Win No Fee agreement, contact us today and speak to a friendly advisor about how a Conditional Fee Agreement could work for you.
Contact Legal Helpline
At Legal Helpline, we understand how distressing a pavement accident can be. Our knowledgeable advisors are here to help you every step of the way. We can answer any of your claim enquiries for free:
- Call 0333 0000729.
- Fill out our Contact Us form.
- Use our live on-screen chat box.
Our team is friendly, approachable, and committed to helping you get the compensation you deserve.
More Information
For further reading on related topics, explore the following of our guides:
- How to make a claim for tripping over a pothole.
- Learn what the pavement trip hazard height is in the UK.
- Learn how to claim for loss of amenity.
You may also find these external resources helpful:
- Gov.UK – report a problem with a pavement
- NHS – when to use 111
- Gov.uk – how to claim Statutory Sick Pay (SSP) while you are off work due to your injury
If you have experienced a fall on a pavement or are dealing with injuries caused by a pavement defect, get in touch with us at a time that suits you to find out how to start the pavement accident claims process.
