Uneven Pavement Injury Claims

On this page:

• Can you sue for tripping on uneven pavement?
• Who is responsible for an accident on a public footpath?
• How can First4Lawyers help?
• How much compensation can I get for tripping on a pavement?
• How long do I have to make an uneven pavement injury claim?
• What types of evidence could support my claim?
• I tripped and fell on uneven pavement - what do I do now?

Can you sue for tripping on uneven pavement?

Suffering a slip, trip or fall on a public pavement can be extremely painful.

You may also be left feeling embarrassed or frustrated by what’s happened. But if your injuries were caused by paving that wasn’t maintained, you could have a case for compensation.

Some of the most common injuries resulting from falls on uneven pavement include:

• Broken or fractured bones
• Cuts and bruises
• Head injuries
• Nerve damage
• Sprains

This isn’t a complete list, though. If you think you could have a claim, get in touch with us for a free initial chat.

We’ll listen to your situation and let you know if you have a strong case.

Who is responsible for an accident on a public footpath?

Under the 1980 Highways Act, local councils have a responsibility for maintaining the pavements in their area. This means that they should:

• Identify and fix any problems that could be a danger to pedestrians
• Mark any hazards with clear signage
• Regularly inspect roads and pathways for defects – especially in busier areas
• Respond to public complaints about footpath defects within a reasonable timeframe

If you’ve tripped or fallen on an uneven pavement, and you’re able to prove it was caused by the council’s negligence, you could have grounds to make a claim against them.

But it is important to note that if you weren’t paying full attention at the time of your accident, you may also be held partly responsible. In these cases, you could still be entitled to compensation but it may be a reduced amount.

How can First4Lawyers help?

Our personal injury solicitors are experienced in handling pavement accident claims. They’ll work on your behalf to get the outcome you deserve.

We understand that the thought of suing a council for uneven pavement can feel daunting. Our solicitors know this, too. That’s why they’ll do everything they can to make the process as stress-free as possible.

For these types of claims, we work on a No Win No Fee basis. So you don’t have to worry about paying us anything upfront, and there will be no fee to pay if your case is unsuccessful.

Uneven pavement injury claim FAQs

How much compensation can I get for tripping on a pavement?

How much compensation you receive for a fall on uneven pavement will depend on a number of factors. These include:

• Your pain and suffering (physical and emotional)
• Your quality of life after the accident
• Lost earnings if you’ve had to take time off work to recover
• Your future earning potential (if you’re unable to return to your previous role)
• Medical treatment and care expenses
• The cost of mobility aids and home adaptations

After gathering the details of your case, your solicitor will be able to give you a more accurate prediction of how much your claim could be worth. To do this, they’ll follow the Judicial Guidelines:

How long do I have to make an uneven pavement injury claim?

You’ll typically have three years to make a pavement accident claim. This may seem like a long time, but we’d always suggest speaking to a legal professional as soon as possible.

Seeking legal advice early will help you work out where you stand, so you can make the best decision for you.

There are some exceptions to the time limit, though. For instance, if you’re claiming on behalf of a child, you’ll have until they’re 18 to make a claim. After this, they’ll have until their 21st birthday to take legal action.

Similarly, if you’re claiming on behalf of someone who is lacking mental capacity – meaning they’re unable to bring their own case – you won’t face the same time limits.

What types of evidence could support my claim?

For your claim to be successful, you’ll need to be able to prove that your accident was a direct result of the council’s negligence. To do this, you should try to gather evidence including:

• CCTV footage
  If your fall took place near a business or someone’s home, it may have been caught on video. Many people now have doorbells that record the surrounding area, so it could be worth checking if footage is available.
• Medical notes
  We would always suggest seeing a doctor about your injuries. Not only will this ensure you get the care you need, it will also provide you with medical records that could be used as evidence later on.
• Photos of your injuries
  Try to take photos of all the injuries you suffered, no matter how minor they might seem. These could be used later on when proving the extent of the pain and suffering you’ve experienced.
• Photos of where you tripped
  This may not always be possible straight away, but try to take photos of the place where you tripped as soon as you can. The council may fix the defect after your accident, so having photographic evidence could be vital.
• Witness details
  If you’re able to, try to get the contact details of anyone who witnessed your accident. Your solicitor will use these to gather witness statements that support your memory of events and strengthen your claim.

We’d also suggest asking local residents or businesses if they had noticed the defect in the pavement that led to your fall. They may be able to tell you how long it had been there unchecked before your accident.

If we’re able to take on your case, you’ll be assigned a solicitor who will help you to gather the evidence needed to support your claim. So while we would encourage thinking ahead, you don’t need to worry if you’re unable to secure all the pieces of evidence we’ve listed straight away.

I tripped and fell on uneven pavement – what do I do now?

If you’ve suffered a pavement accident, the most important thing to do is seek medical attention. Even if you think your injuries don’t need looking at, it’s always best to make sure.

After you’ve done this, you could consider making a claim. Our friendly team can advise you as part of a free initial consultation. They’ll discuss what happened with you and answer any questions you may have.

If we think you could have a strong case, the next step will be matching you with one of our expert solicitors. At this stage, you’ll be able to decide whether you’d like to go forward or not. We’ll never pressure you either way.

To find out more about how we could support you, call us on the number at the top of the screen or request a callback. We also have a quick and easy online form if you’d prefer to reach us this way.

We’re here to support you through every step of the process.