Tripping on a pavement can cause a lot of pain and suffering. If you can prove that you fell on a broken or uneven pavement due to the local council’s fault, you may have an eligible claim against them. Our guide about pavement accident claims could help you understand the process of making a personal injury claim.
Key Takeaways In Pavement Accident Claims
- You may be able to make a pavement accident claim against the local council or authorities if you suffer an injury due to their negligent actions.
- Pavement injury claims may include compensation for your injuries and your financial losses.
- You have three years to begin your pavement injury claim under the Limitation Act 1980.
- You could make your pavement accident claim with our No Win No Fee solicitors.
Make your personal injury compensation claim with us now:
- Call us at 0800 073 8801.
- Request a callback by starting your claim online.
- Use our Live Chat to speak to our advisory team directly.
Browse Our Guide
- Claiming Compensation For Falling On The Pavement
- Are The Council Responsible For Pavements?
- Common Causes Of Pavement Accident Claims
- What Kinds Of Injuries Could You Get From Tripping On The Pavement?
- How Much Compensation Could I Get?
- What To Do After A Pavement Accident
- Can I Make Pavement Accident Claims For Someone Else?
- How Accident Claims Could Help You
- More Information On Pavement Accident Claims.
Claiming Compensation For Falling On The Pavement
In certain situations, other people are responsible for ensuring our safety to a reasonable extent. This is known as the duty of care.
In pavement accident claims, you need to prove the following:
- The other party (the local council or authority in this case) had a duty of care towards you.
- They committed a breach of duty by failing to maintain the pavement.
- You suffered an injury as a result.
- The pavement defect is at least 2.5cm or 1 inch high.
In the next section, we’ll discuss the responsibility of the local council for maintaining pavements. If you need help in determining the duty of care in your case, contact our advisors for a free assessment.
Are The Council Responsible For Pavements?
Before discussing pavement accident claims any further, let us discuss the responsibility of the local councils towards pavements.
Under the Highways Act 1980, local councils and authorities are responsible for maintaining roads, highways and pavements. Their duties include:
- Regularly inspecting roads and footpaths for any defects.
- Repairing any defects discovered within a reasonable timeframe.
- Acting on any complaints regarding roads and footpaths within a reasonable time limit.
- Putting up signs to indicate any hazards or dangers.
The local council is also responsible for maintaining safety on roads and pavements as an occupier. Under the Occupiers’ Liability Act 1957, an occupier is an organisation or individual that controls a public place and is supposed to take reasonable care to protect all visitors. Since local authorities are responsible for the upkeep and maintenance of pavements, they would be the occupier in this case.
Therefore, if you suffer a pavement injury due to a breach of duty by the local council, you may have an eligible claim against them.
Contact us to know more about making public liability claims.
Common Causes Of Pavement Accident Claims
Some common causes of accidents which may form the basis of pavement accident claims are:
- Broken pavements due to tree roots.
- Incorrect or uneven paving or kerbs.
- Damaged signposts or drain covers.
- Poor maintenance
You can contact us for information on how to sue the council.
What Kinds Of Injuries Could You Get From Tripping On The Pavement?
Some common injuries due to pavement accidents are:
- Fractured or broken bones.
- Head injuries
- Back injuries
- Hand injuries
- Soft tissue injuries
- Sprains
- Ankle injuries
- Wrist injuries
Do you want to claim for psychological injuries? Contact us now to find out if damage to your mental health could be included as part of your pavement accident claim.
How Much Compensation Could I Get?
All claims are valued on an individual basis. So, although we can’t tell you how much compensation you will be awarded in this guide, we can tell you how compensation is awarded for successful pavement accident claims.
Your pavement injury compensation may include two heads:
- General Damages: This is compensation for your physical and psychological injuries caused by the accident.
- Special Damages: This is compensation for your financial losses caused by the injuries.
You may have to appear for an independent medical assessment to gauge the extent of your injuries and to calculate general damages. Your pavement injury solicitor or whoever values your claim may also refer to the Judicial College Guidelines (JCG). This official document lists various injuries and suggests guideline compensation brackets for them.
The table below looks at some JCG figures that could be relevant for pavement accident claims. Please note that these figures are only guidelines; the first row isn’t quoted from the JCG.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Compensation could be awarded for multiple injuries and if there has been a loss of income along with the need for professional care. | Up to £200,000+ |
| Knee Injury- Severe (i) | There is a serious knee injury which causes some disruption to the joint,considerable pain and lengthy treatment. | £85,100 to £117,410 |
| Ankle Injuries- Very Severe | There may be an injury involving soft tissue damage and impaired gait. | £61,090 to £85,070 |
| PTSD- Moderately Severe | There is some scope of recovery with professional help although there is likely to be some disability in the foreseeable future. | £28,250 to £73,050 |
| PTSD- Moderate | The person would have recovered to a large extent and any remaining effects would not cause severe disability. | £9,980 to £28,250 |
| Hand Injuries- Serious | The utility of the hand is reduced up to 50% and some fingers may be amputated. | £35,390 to £75,550 |
| Leg Injury- Severe (iii) Serious | This includes serious injuries like joint or ligament injuries which result in some instability and prolonged treatment. | £47,840 to £66,920 |
| Elbow Injuries- Less Severe | There is some impairment of function but no significant disability or major surgery. | £19,100 to £39,070 |
| Wrist Injury- Less Severe (c) | There are less severe injuries which could lead to some permanent disability like chronic pain or stiffness. | £15,370 to £29,900 |
| Toe Injuries- Severe | One or more toes could be amputated. There will be some permanent disability like impaired gait or chronic stabbing pain. | £16,770 to £25,710 |
Claiming Special Damages
You may be able to include special damages or financial losses in your pavement accident claim as well. Some of the special damages which you could claim are:
- Loss of earnings
- Medical costs
- Professional Care
- Disability support equipment and alterations to the home
An advisor from our team can value your pavement accident claim for free. Additionally, they can give you tailored advice on what items you can claim for under special damages.
What To Do After A Pavement Accident
Here are some important steps to take after a pavement accident:
- Seek medical attention to ensure that your injuries do not get worse. You could seek first aid or report to the A&E. This would also help to provide a record of your injuries as part of your claim.
- You could report a problem with the pavement to the local authorities. This would serve as evidence of the accident which caused the injuries.
- If you’re considering making a pavement injury claim, you must start collecting evidence of the accident and injuries. Some examples of evidence you could use are medical records, CCTV footage, statements from eyewitnesses and photographs of your injuries.
- While it isn’t necessary to make your claim with a personal injury solicitor, it is advisable to seek expert advice. If you choose to make your claim with us, your solicitor will help you collect evidence, value your compensation, and start your claim on time.
Can I Make Pavement Accident Claims For Someone Else?
The Limitation Act 1980 sets a time limit of three years to start any personal injury claim, including pavement accident claims. This time limit applies from the date of the accident.
However, no time limit applies if an individual does not possess the mental capacity to make a claim. A loved one can claim on their behalf by applying to become a litigation friend. However, if the individual regains mental capacity, they will have three years to start their claim from the date they recovered this capacity.
My Child Tripped On The Pavement. Could I Claim For Them?
If your child tripped on the pavement, they won’t be able to make a claim before the age of 18. Therefore, the time limit of 3 years does not apply here. As a parent, you could apply on their behalf by acting as a litigation friend. The court will determine your suitability for this position by determining that:
- There is no conflict of interest.
- You’re capable of making fair and competent decisions.
If your child receives compensation for the pavement accident, the court will hold the money in a bank account under the Courts Fund Office. Once your child turns 18, the court will hand over the money to them and close the account. You’ll be responsible for managing this bank account as a litigation friend.
Alternatively, your child can make their claim once they turn 18. The time limit applies from then on, and they have until their 21st birthday to start the claim.
Do not hesitate to contact us if you wish to make a claim on behalf of your child. We’ll guide you on the entire process from start to finish.
How Accident Claims Could Help You
Our personal injury solicitors are experienced and capable of handling pavement injury claims. They’ll help you in navigating the complexity of the claims process so that you can focus on your recovery. Our solicitors will try their best to secure the compensation you deserve.
Working With A No Win No Fee Solicitor
You need not worry about paying expensive consultation fees. Our solicitors offer No Win No Fee services through a Conditional Fee Agreement (CFA). Under this type of service, you won’t have to pay any upfront solicitor’s fees. Also, you won’t have to pay for your solicitor’s services as the claim progresses.
If you receive compensation, your solicitor will deduct a pre-determined percentage as their success fee. There is a legal cap on this percentage to ensure that you retain the maximum possible amount. If your claim is unsuccessful, you won’t have to pay your solicitor for their services.
To have a more detailed discussion about pavement accident claims, contact us now:
- Call us at 0800 073 8801.
- Request a callback by starting your claim online.
- Use our Live Chat to speak to our advisory team directly.
More Information On Pavement Accident Claims
We hope you found our guide on pavement accident claims useful. You can read some more guides from our site:
- Our guide on making an arm injury claim.
- Information on scooter accident claims.
- Details for accidents at a roundabout.
Here are some external links for more information:
- Guidance from the government on finding your local council.
- Information from the government on claiming Statutory Sick Pay (SSP).
- A guide from the NHS on sprains and strains.
