Uneven Pavement Injury Claims

Can you sue for tripping on uneven pavement?

According to the walking charity Living Streets, 47% of adults over 65 do not walk regularly due to the poor condition of local pavements. And 31% of these people said that they worried about the risk of falling.

Suffering a slip, trip or fall on a public pavement or footpath 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 was not maintained, you could have a case for compensation.

We’ve helped people to bring a claim after being injured in pavement accidents involving:

• Potholes that have not been fixed
• Raised or damaged drain covers
• Tree or plant roots growing through the pavement
• Uneven stones or slabs

These are some of the most common causes of pavement injuries, but it is not an exhaustive list. If you think you could have a claim, get in touch with us for a free initial consultation. We’ll listen to your situation and let you know if you have a strong case.

Who is liable for an accident on a public footpath?

Under the 1980 Highways Act, local councils have a responsibility for maintaining 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 were not paying full attention at the time of your accident, you may also be held partly responsible. For instance, if you were on your phone when you fell. 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 will work on your behalf to get you the outcome you deserve.

We understand that 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 pavement?

There is no straightforward answer to this question as every case will be different. But if your claim is successful, your compensation will be based on the pain and suffering you’ve endured (general damages) and any financial losses related to your accident (special damages).

General damages will consider both your psychological and physical pain, while special damages will take into account the cost of things like further medical treatment or specialist equipment. They will also factor in any loss of earnings you’ve suffered as a result of taking time off work to recover.

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. But for a rough estimate, you can try our free compensation calculator.

How long do I have to make a pavement injury claim?

You will typically have three years to make a pavement accident claim. This may seem like a long time, but we would always suggest speaking to a legal professional as early as possible. Doing this can 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 will have until they’re 18 to make a claim. If you decide not to claim during this time, they will have three years from their 18th birthday to bring forward a case themselves.

Similarly, if you’re claiming on behalf of someone who is lacking mental capacity – meaning they’re unable to take legal action themselves – you won’t face the same time limits.

You can find out more about the restrictions surrounding these types of claims in our free personal injury time limits guide.

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 any footage is available.
• Medical notes
  We would always suggest seeing a doctor about the injuries you’ve sustained. Not only will this ensure that you get the care you need, it will also provide you with medical records that could be used as evidence further down the line.
• 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 would 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’ve been injured due to an uneven pavement – what do I do?

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 where 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.