By Jo Anderson. Last Updated 11th April 2024. If you trip over and hurt yourself you could be compensated if your injuries were caused by somebody else’s negligence. But did you know that suing the council for an uneven pavement accident might be possible if it’s caused by the likes of a raised paving slab, a pothole or missing kerbstone?
In this guide, we’ll look at what the local authority’s responsibilities are. We’ll also explain what evidence you could use to support your claim.
If you decide to take action, our advisors can help. We offer a free telephone assessment of any claim and you’ll get free legal advice on your options.
Where your personal injury claim has strong grounds, we could put you in touch with one of our solicitors. If they decide to take you on as a client, they’ll work for you on a No Win No Fee basis.
To begin the claims process today, why not call us on 0800 073 8801 right away? Otherwise, please continue reading to find out more about slip, trip and fall claims caused by uneven pavements.
Select A Section
- Is There A Legal Pavement Trip Hazard Height In The UK
- How To Prove Injuries Caused By Falling On Uneven Pavements
- What Injuries Could Be Caused By Tripping On An Uneven Pavement?
- Pavement Trip Hazard Accident Compensation Claim Payouts
- Special Damages In Pavement Trip Accident Claims
- Can I Make A No Win No Fee Pavement Trip Accident Claim?
- Call Our Advisors To Find Out If There Is A Legal Pavement Trip Hazard Height In The UK
Is There A Legal Pavement Trip Hazard Height In The UK
You may be wondering “Is there a legal pavement trip hazard height in the UK?”.
When making a personal injury claim for tripping over a pavement it is vital to capture the height of the defective pavement. Although there is no legal height limit to what a defective pavement can be, different councils and local authorities will have guidance to what is considered a dangerous or hazardous defect height.
Even if the trip hazard is over the height considered to be dangerous, this doesn’t automatically mean you can claim compensation. You would need to prove that the pavement trip accident meets the personal injury claims eligibility criteria. This means that you need to prove that:
- A relevant third party owed you a duty of care. For example, the local authority might owe you a duty of care to ensure your reasonable safety under the Occupiers’ Liability Act 1957. This means that if they are aware that there is a pavement trip hazard, they should take steps, such as using signage to alert the public until it can be repaired.
- They breached this duty. For example, if a local authority fails to take steps to warn the public of the hazard or fix the issue within a reasonable timeframe.
- You sustained injuries because of this breach.
If you would like to learn more about whether your pavement trip injury could lead to a claim, please contact our advisors. They could check your eligibility and give you advice on the steps you could take to get the compensation you deserve.
How To Prove Injuries Caused By Falling On Uneven Pavements
To make a personal injury claim for falling on uneven pavement, you will need to prove liability for the injuries you suffered. Evidence that could be relevant when claiming for a pavement accident includes:
- Accident footage. If there was any CCTV, you can request the footage of yourself to submit as part of your evidence.
- Photographs. If you took a picture of the uneven pavement, this could help prove your claim. Additionally, you can also take photos of any visible injuries you have to submit.
- Medical records. If you received treatment for your injuries following the pavement accident, you can request a copy of your medical records to submit as part of the personal injury claims process. These can help illustrate the nature of your injuries.
- Witness contact information. If you make a note of the contact details of anyone who saw the pavement accident, they can provide witness statements later on.
Call our advisors for free advice about what evidence you can gather to help your claim. Additionally, they can discuss how much compensation for tripping on the pavement you might be able to claim.
What Injuries Could Be Caused By Tripping On An Uneven Pavement?
So, as we have shown, if you have suffered an injury because you fell over a pavement trip hazard with a height of over 1 inch, you could sue the council for any injuries and suffering caused. This could include compensation for:
- Wrist injuries.
- Soft tissue damage.
- Head injuries.
- Back injuries.
- Broken bones.
- Cuts and bruises.
So long as you have the evidence to show the size of the pavement trip hazard, we could help you claim. If your case is accepted, your solicitor will approach the council to ask for evidence about when it last inspected the pavement. They will also ask about any repairs.
If it can be shown that the council doesn’t have a good inspection programme or they failed to act swiftly to fix an issue it was aware of, you could receive compensation for any injuries.
Why not call us today to see if you have the grounds to proceed to a claim?
Time Limit For Pavement Trip Injury Claims
As with any type of personal injury compensation claim, you’ll need to ensure you start your pavement trip claim within the time limit set out in the Limitation Act 1980. Generally, you have three years to start your claim from the date you were injured.
However, there are exceptions to the limitation period. Talk to a member of our advisory team to discuss what these are and find out if you are still within the time limits to claim.
Pavement Trip Hazard Accident Compensation Claim Payouts
We are now going to look at what amount of compensation might be awarded for a range of different injuries. To help do so, we’ve provided a compensation table below populated with data from the Judicial College Guidelines (JCG). The JCG gives potential figures that various injuries could be awarded. We’ve also included a figure in the top row that shows how compensation could be awarded for multiple severe injuries and expenses related to these injuries.
It’s not possible to list every injury in this guide. Therefore, if yours isn’t included, why not call and ask an advisor what settlement bracket it falls into? It should also be noted that every claim is different. Therefore, this table should only be used as a guide.
| Injury to | Severity Level | Settlement Bracket | Notes |
|---|---|---|---|
| Multiple serious injuries combined with financial losses. | Serious | Up to £500,000+ | A combination of serious injuries causing medical expenses for example, combined with pain and suffering. |
| Head | Moderate (c) (iii) | £52,550 to £110,720 | Reduced work ability, small epilepsy risk and concentration and memory issues. |
| Hand | Serious (e) | £35,390 to £75,550 | In this category, injuries are likely to reduce hand function to around 50% of its original capacity. |
| Wrist | Severe (a) | £58,110 to £73,050 | Covers injuries that result in the complete loss of function of the wrist. |
| Wrist | Moderate (d) | £7,420 to £12,630 | Fractures which need longer than 12 months to recover from but result in no lasting damage. |
| Elbow | Severe (a) | £47,810 to £66,920 | This category covers injuries that result are severely disabling. |
| Ankle | Severe (b) | £38,210 to £61,090 | This category covers injuries where plates and pins are used to secure fractured bones or where extensive treatment is required. |
| Knee | Moderate (b) (i) | £18,110 to £31,960 | A dislocated knee or torn meniscus that causes wasting, instability or weakness. |
| Arm | Simple (d) | £8,060 to £23,430 | Includes simple fractures of the forearm. |
| Back | Minor (c) (i) | £9,630 to £15,260 | Soft tissue injuries which take 2 to 5 years to recover from without surgery. |
Call an advisor from our team to discuss how much compensation for tripping on the pavement you could get if your claim is successful.
Special Damages In Pavement Trip Accident Claims
Along with compensation for your pain and suffering, it is also important to look at whether your injuries have resulted in expenses. If they have, you could also make a special damages claim. The idea here is to return you to the financial position you were in before the accident happened.
Damages must be based on costs that were directly caused by your accident or injuries. They could include:
- Care costs. These might be claimed if somebody needed to look after you during your recovery. They could cover the cost of a professional carer or the time a loved one spent helping with daily tasks.
- Medical expenses. You may need treatment that’s not available on the NHS to help you recover. Therefore, you could claim for the cost of this treatment as well as any prescription fees.
- Lost income. Taking time off for medical appointments or to recover, can prove costly. As a result, you may wish to include any lost income in your claim.
- Modifications to your home. If you are seriously injured and left disabled, modifying your home or vehicle might make it a little easier to cope. If that’s the case, the cost of any work could be claimed back.
- Future lost earnings. Where there has been an adverse impact on your ability to work, any long-term loss of earnings might be considered. Where that’s the case, the settlement would be based on factors such as your age, current salary level and job prospects.
If you call our advisors, they’ll look at how your injuries have affected you financially. Please call today and we’ll review your case for free.
Can I Make A No Win No Fee Pavement Trip Accident Claim?
In this section of our guide to pavement trip hazard height in the UK, we look at how No Win No Fee works.
If you’ve been injured after tripping on pavement, you might be worried about how much a solicitor will cost you if the case loses. You needn’t be concerned if you work with us, though. That’s because our personal injury solicitors provide a No Win No Fee service for every claim they take on. That means you won’t pay any solicitor’s fees at all unless you’re paid compensation.
When you get in touch, a solicitor could review the merits of your case with you. Should they agree to work on your case, you’ll be given a Conditional Fee Agreement (CFA). It’s also known as a No Win No Fee agreement. This agreement makes it clear when you’d need to pay any solicitor’s fees.
If your case is won, a success fee will be deducted from your compensation. In the CFA, you’ll find that this fee is listed as a percentage of any settlement you’re paid. By law, success fees are capped for your benefit.
Call Our Advisors To Find Out If There Is A Legal Pavement Trip Hazard Height In The UK
If you would now like our support with starting a claim, you can:
- Call our advisors on 0800 073 8801
- Send us an email about your claim to office@accidentclaims.co.uk
- Request that a specialist call you by completing this form
- Use our live chat if you’d like to discuss your options online
We are here 24 hours a day, 7 days a week so please feel free to get in touch at a convenient time.
Please take a look at the articles and guides below if you believe they’ll be helpful during the claims process:
- Repairing Potholes: Information on how Highways England detects and repairs potholes.
- Wrist Injuries: NHS guidance on how to deal with pain resulting from wrist injuries.
- Slips And Trips: Information on how trips and slips can happen and what can be done to avoid them.
- Tripped Over A Wire: This guide looks at claims for workplace accidents caused by wires trailed across walkways.
- Wet Floor Accident Claims: Advice on claiming if you’ve been injured because you slipped on a wet floor.
- Pedestrian Accident Claims: Information on claiming for injuries sustained by a pedestrian in a road traffic accident.
Thank you for visiting today and reading our guide on the pavement trip hazard height in the UK.
