How to claim injury compensation against the council

By Ian Morris | Updated June 12th, 2024

186 questions have been answered on this subject - ask us your question

Councils and local authorities have a legal obligation to guarantee the safety of the public when using pavements, roads, and other properties under their care. Despite this, injuries occur annually due to issues like loose paving stones or potholes. If you intend to sue the council and claim compensation, you will need to establish that your injury resulted from the council’s negligence.

Although council liability can be a hard thing to prove, it can be done, and below we’ll guide you through how to claim against the council and what to do after injuring yourself in public.

Is it easy to claim against the council?

Claiming personal injury compensation against the council isn’t easy. Mainly due to precedents set by the courts – over time this has made defending such claims fairly simple for local authorities.

When a claim is made against a council, they will often fall back on what’s known as the ‘Section 58 defence’. This essentially means they can provide documentation showing a reasonable system of maintenance and that repairs were made promptly. They may also argue that there have been no previous accidents or complaints.

Because of these barriers to claiming, it is vital to work with a specialist Solicitor who has a proven track record of success in public liability compensation.

What claims can be made against the council?

Claims can be made if the council has failed to uphold its statutory duties and therefore can be held liable for your injuries. For example, if known hazards are left dangerous for too long, usually over 6 months, they can’t fall back on the Section 58 defence.

Slips and trips are the most common accident situations leading to successful compensation claims against the council:

Raised paving stones that stick up by more than 25mm (1 inch), often leading to trips or falls on the pavement.
Potholes that are deeper than 1 inch, making cyclists and motorcyclists especially vulnerable to accidents.

Proving council liability

To prove council liability, claimants must show that the local authority responsible for the site of their accident:

Had known that a hazard was present.
Had reasonable time to inspect that area of road or pavement
Should have repaired the hazard and removed the risk of injury.

Understanding negligence in council inspection duties

In summary, councils have the following duties when it comes to roads and pavements:

To have a system to regularly inspect roads and footpaths for accident risks
To check busier routes more regularly than less used ones
To repair any defects within a reasonable time
To act on any public reports of dangerous surfaces within a reasonable time
To signpost any hazards or dangers to the public

Failing to uphold these responsibilities could leave a council open to being sued by someone injured as a result of their negligence.

Local authority highways departments should (in most cases) inspect every section of their roads and footpaths once every 6 months. An inspector should record the roads and pavements that they have inspected and the local authority should hold a record of this.

A claim will not succeed if the council can prove they inspected the area within the last 6 months and no defect was found.

Exceptions

A council inspection report does not necessarily absolve them of potential negligence. For example, in some cases, the courts have found that the inspection regime of a local authority was inadequate. Although they had checked the pavements, they hadn’t done so thoroughly – perhaps driving by instead of inspecting on-foot – and were therefore liable for the claim that they faced.

How to report your injury to the council

As with all accidents, it is important to report and record your accident correctly. When you report injuries to a local authority, they should give you a report log number and may well send you an incident report form.

If you’ve been injured on a public footpath, you must report to the relevant department of the local authority responsible for the area in which you fell. You should describe the hazard and its location, what injuries you’ve sustained and what medical treatment you have received.

Try to take photographs of the accident site showing the depth or height of the hazard with clear measurements. You could also get the names and contact details of any witnesses, as this will provide further evidence.

Before sending all this in, our best advice is to hire a specialist personal injury solicitor to run your claim, as this will give you the best chance of succeeding.

The evidence you’ll need to make a successful claim

If you can prove council liability and your injuries are severe enough, you will be eligible to claim compensation for them. In order to win, claimants must gather as much evidence as possible to help their solicitor force the council to admit liability.

Evidence of your injuries and of the hazard that caused them are essential. To maximise your chances of success you may also need witness statements, a video or CCTV footage of the incident to prove that the accident happened. What you will then need to do is demonstrate that the incident is consistent with the nature of the injury you are claiming for – which should be possible by way of provision of your medical records. Then if it can also be proved the council failed in their required inspection duties and are therefore liable for your accident, your claim should be successful.

Claiming council injury compensation under No Win, No Fee

No win no fee enables you to make a claim against the council without it costing you anything if the claim fails. They typically include:

A success fee, which is a percentage of the compensation awarded, payable to the solicitor if the case is won.
Insurance policies to cover legal costs in the event the claim is unsuccessful.

The success fee is capped by law, ensuring that the majority of the compensation goes to the claimant.

Our no win, no fee solicitors can claim for the following on your behalf:

The pain and distress caused to you by your injuries
Associated costs and losses (special damages)
Restrictions on your ability to fulfil your usual activities and social life

We understand that it is hard to know if you have a valid injury claim against a council, so why not contact us to discuss your situation or leave a question below? We have years of experience in working on such claims and expert solicitors with a fantastic track record.

By choosing our services, you’ll benefit from:

A free consultation to discuss your case and understand your legal options.
Expert guidance on gathering the necessary evidence and building a strong case.
A no win no fee agreement, ensuring you don’t face any financial risk when pursuing your claim.
Compassionate and personalised support tailored to your unique circumstances.

Let us help you turn a challenging situation into a successful claim, allowing you to focus on what truly matters – your recovery and well-being.

You can start your claim online or , and one of our expert team will be in touch. Alternatively, call us on 01225 430285. We’ll only need a few minutes of your time to let you know if you can make a claim.

186 questions have been answered on this subject - ask us your question

Comments & Questions

Read on for questions and advice about claiming, plus council claim examples...

My mum tripped on the path which leads from her front door to public footpath, the council owns this part of the path and it has started to crumble.

Please forward photographs of the disrepaired and hazardous path to us by email (justice@direct2compensation.co.uk) so that we can review this and advise further as to a potential No Win No Fee claim for compensation.

Please include a contact number, your name and a description of the injuries sustained.

My claim for a trip causing a broken foot is currently with the council insurers and the council have now repaired the pavement that caused my injury. This pavement has been uneven for a considerable time. Can this repair be seen as an admission of liability by the council?

A repair or remedial activity where a disrepaired pavement surface had been in situ will not be seen as an admission of liability, but it does indicate that the council have agreed that the area needed attention.

If you have not already got representation by a specialist personal injury Solicitor, please contact us for further help as it is unlikely that the local authority will admit to liability without considerable pressure.

My grandfather has fallen on an alleyway. The council are saying it does not belong to them. The iron grate he tripped over is owned by a water company who also say they cannot accept liability as this is the first they are hearing about the hazard. Who’s fault is it?

Do you have a Solicitor acting in this matter? If so, they should be able to establish the landowner and therefore the responsible party. The water company will not be expected to inspect and check their access covers or grates and will instead rely on reports from local authority highways inspectors or members of the public. Therefore, if the local authority have not reported any repair need and the public haven’t either, the water board will argue that they are not liable.

My mum slipped on water and ended up in a lot of pain . Hospital gave her tablets to help . The water was in a council building . The water had come from a leak in roof that the council knew about . According to some stall holders . They had complained to council but nothing had been done . My mum asked the stall holders if they would give a statement saying it had been reported many times, but they wouldnt for fear of losing there business. Council have said they didnt know but stall hders said they knew months ago and had been reported many times . Is there anything she can do

Were there any hazard warning signs on display? It would certainly seem reasonable to pursue a claim given the anecdotal information your Mother has obtained about the leak being known of and previously reported.

Hi, I tripped on a hole of over 6cm in depth and approximately 20cm wide on a tarmac covered pavement in April 2021. I suffered a fractured toe and badly sprained ankle. I submitted a claim to the council along with the required photos. I knew of the defect in the pavement from at least March 2020, although it was not repaired. There was ongoing building work by the home owner directly adjacent to the pavement defect. I also don’t usually walk down the road. I have just received an email from the council saying they deny liability under Section 58 of the Highways Act 1980. Saying that they had inspected the area in September 2020 and it was ok. I know this is not the case as the defect has been there since at least March 2020. Can you please advise if I can pursue this matter? I will be able to get a neighbour as an independent witness. Many thanks.

We can certainly look in to demonstrating that the council have either been dishonest in claiming to have inspected the area in the September prior to your accident or that their inspection was inadequate. One of the ways that we have demonstrated this in the past is by having an independent local person willing to confirm that they had previously reported the defect or hazard prior to the inspection date or even by using online street view images and backdating them to see if a defect or hazard is visible in the period before a local authority claim to have inspected the site.

If you would like further help from us with this, please email us at justice@direct2compensation.co.uk to provide some accident site photographs, the location of the accident site, your contact details and a description of the accident.

I fell down because of a pothole and had to have plastic surgery on my finger because of the fall. Am I able to make a claim?

Do you have photographs of the pothole that caused you to fall? To be able to advise you as to whether or not you can pursue a claim, please email photographs of the accident site to us at justice@direct2compensation.co.uk and include your contact details. We’ll then review the accident site and contact you to further discuss this matter with you.

Tripped on a public broken pavement in the park dislocated my Thumb . And big toes and my knee damage. I did report to council. They broken pavement.

Please send photographs of the pavement surface where you fell to us at justice@direct2compensation.co.uk along with your contact number. We can then further advise you as to any potential No Win No Fee claim for personal injury compensation.

Hi, I slipped walking my dog down a huge grate. I fractured my wrist and had to wear a cast for 5 month. I grazed my knee and leg when I went over and twisted my ankle.

I put in a claim with YOURLAW solicitors who knocked it back because the council said they had inspected the road in a timely manner. I don’t know what to do or where to go from here. Please get back to me . I just need someone willing to actually fight my case and not just say yes to the council. If it was inspected then this wouldn’t of happened. I wouldn’t jump down the hole it’s clearly and accident they are liable for 🙁

If you have photographs of the accident site, we would be happy to view them to consider whether there is any realistic prospect of overturning the council’s denial of liability.

If you have such photographs, please email them to us at justice@direct2compensation.co.uk along with your contact details and ideally, the most recent correspondence from your Solicitor closing the case so that we can review this and advise you further.

Hi my partner fell a few days ago broke her wrist and cut her legs and had to go to hospital, but when she returned to take photo the pothole had been filled. I believe the cctv may have caught it and also informed the council who then rushed to repair it. She has injured herself and broken her phone camera, please help.

Do you have any photographic evidence of the pothole before it was repaired?

Hello Ian,
I had a trip on the pavement outside my home address I was working at the time as a child minder. I tripped on a uneven paving slab which resulted in my right elbow impacting on the edge of a metal manhole cover, which lead to surgery to rebuild my elbow. I have been unable to work for the last eight weeks and I am looking at another four at least and have been advised that it could take up to a year to get near to normal, can you please advise me on the best course of action in my case?

As you have been caused injury as a result of tripping on a disrepaired area of pavement, there is a potential to pursue a claim against the local authority responsible for the maintenance of the area in question.

In order for us to be able to advise whether the actual site of your fall is something that you would be able to establish negligence against the local authority, we need to see some photographs of the accident site – both close up images of the raised slab (showing a measurement of the height) and some images from slightly further back showing the site in general. If you can obtain such images and send them to us at justice@direct2compensation.co.uk we can then advise you about a possible No Win No Fee claim for compensation. For examples of the kind of images that would be really helpful, please see our article about tripping accident compensation, but don’t worry if you can’t obtain images like this – just send us whatever images you can and we’ll go from there.

Hi, i need some advice please as to whether I take matters further. I had a fall down a pothole along the pathway on 31/3/2021. I ended up at the hospital a couple of days later to find out I had actually fractured my ankle and had to be put in a boot and take three weeks off work. I reported the incident and claimed for compensation. I provided pictures and medical documents however I have today had a response from the council’s insurers stating they deny liability due to them having completed investigations down the road where I had fallen on 05/11/2020, and no defects were reported. Is this the end of the matter or should I pursue the claim further?

Whilst it would appear that the defendants have raised a robust defence, that is not necessarily the end of it. We can certainly review the matter for you and give you our point of view without it costing you anything and if we were able to take it further, we would do so on a No Win No Fee basis.

Please email the photographs of the accident site to us along with some basic info (where it happened, how it happened, time of day etc) and your contact details and we’ll review this and let you know our thoughts. You can reach us by email at justice@direct2compensation.co.uk

I was crossing the road to avoid a patch of moss on the pavement when I slipped (the road must have had some moss on it too) and broke my ankle in 3 places. I had surgery for insertion of plate and screws and spent 6 weeks with cast/crutches. Reported to local council who say issue is a low priority for them. I have no witnesses (was in shock and didn’t think to ask for details of the people who found me injured). Can I claim?

Whilst it is not straightforward, there is the potential to pursue (& succeed with) a claim against the local authority if you slip on algae/moss on a public footpath. However to have any chance of succeeding, it would need to be shown that the algae/moss was excessive and had been in situ for a considerable time.

Without having seen photographs of the accident site in your case, it is impossible to know whether there is any realistic prospect of pursuing a claim for you. If you have such photographs, please forward them to us at justice@direct2compensation.co.uk and we’ll gladly give you our opinion.

The local council started to resurface the pavement outside our hone in December and had to stop work as they were unable to get the materials needed. As a result, the worked ceased on Dec 21st 2020.

I called the council to complain that they had left a very dangerous pathway and they explained the above and said that work would commence in January. January came and we went into another lockdown and the council said they could not continue the work. I stressed again my concern about the uneven footpath and the raised curbs, again they said nothing they could do nothing at the moment.

In February my Daughter arrived home from work and tripped on the raised curb and needed hospital attention. She was diagnosed with a suspected fractured wrist and put into a brace for 6 weeks.

Can we make a claim?

Although the council may have been unable to complete the works due to legitimate reasons and the specific implications of a further lockdown, they would still have a duty of care to ensure that any hazards reported to them were appropriately dealt with – whether that be by making repairs, completing works or cordoning off an area.

In this case, it would appear that there may be valid grounds to pursue a claim for tripping accident compensation and we would be happy to further investigate this for you.

Given the nature of the situation, it would be helpful if you could email us directly at justice@direct2compensation.co.uk to provide further information to enable us to look in to this for you. Please provide your contact details, the location of the accident and copies of any correspondence that you have sent to or received from the local authority. Ideally, if you have photographs of the area and images of the accident site, please attach them to your email and we’ll gladly look in to this for you.

Hi in September by foot got caught in a broken curb, causing me to get a fractured ankle and torn ligaments. I also also hurt my knee and damaged my coccyx. With the pain ongoing I had hospital appointments.

I’d taken photos of the curb and of my injuries, but I have now been told that its not worth claiming as I won’t win. The council have rejected my claim. What do I do?

Have you formally made a claim? If so, was that through a specialist Solicitor or did you deal with the local authority directly? If you haven’t formally claimed, please send the photographs of the accident site to us by email to: justice@direct2compensation.co.uk along with your contact number and we’ll gladly review this and advise you as to a potential claim for compensation. If you have had a claim rejected, please send a copy of any correspondence regarding the reasons for the rejection to us and we’ll advise you on that.

I slipped and fell whilst on a walking path at a council owned park. The path is uneven, sloped and has a loose gravelled surface, however it was also slightly icy. I suffered a shattered wrist, and have had to have surgery to fit a metal plate and screws. I’ve been told I will always suffer pain, and my wrist is now healing with a slight deformity (bent). Would I have a case to make a personal injury claim?

Notwithstanding the serious and permanent injury to your wrist, we do foresee problems with such a claim. Certainly the ice issue is a red herring and should be ignored. There would be no duty of care to grit the path in question.

However, if the path is hazardous, a claim could proceed. If you have photographs of the path, please forward them to us via justice@direct2compensation.co.uk so that we can review it and advise you further.

I’ve been denied any compensation for my ankle injury witch I’m still suffering 6months on, I was walking my dog and my foot went down some missing block pavements near my local shops, the solicitors that was dealing with the case basically said I had no chance of winning due to it being split between the council and highways. Is there anything I can do as think this is really unjust?

Do you have photographs of the accident site? If so, please email them to justice@direct2compensation.co.uk so that we can review this matter and offer you some advice. Please include your contact details and the details of the Solicitors who have rejected the claim. We can then contact you to discuss whether or not we can take this any further for you.

Hi, My friend went to the local shop and as he’s come out he’s stepped off the curb and his foot has gone into a big pothole. He tripped and has now got a bad knee and foot. The council clearly know about it as there’s yellow lines painted over it. His foot has been in a state for over a week now, still swollen and bruised. We have photos of his foot and can take photos of said pothole and possibly get hold of CCTV from the shop too. Is this a public liability claim? Thanks

This would be a public liability claim, but the CCTV from the shop could be helpful. Further, if anyone working in the shop knows how long the pothole has been there and was willing to provide a statement regarding this, it would be very helpful.

Please email the photographs of the pothole to us, along with contact details to: justice@direct2compensation.co.uk so that we can review this and advise further.

My car hit a patch of bad road (potholes) causing whiplash injuries. The council concerned took our report of the incident and held onto this for several months, carrying out repairs, before forwarding this to their insurance company. Though the insurance company have a report, photos and a location map they now want an X marks the spot and are refusing to release inspection records until they have this. I have argued that the report, etc was good enough for the council to repair the bad road but they won’t budge. This incident was May 2020. The insurers letter is dated 5th September 2020. It’s now mid January 2021.

In your case, the council will not admit liability if they can demonstrate that they had carried out the mandated inspections that they are tasked with and if they had not received any reports from members of the public regarding the hazards. Having a specialist Solicitor on board will ensure that the local authority are held to account properly.

I’ve had some legal advice. Currently dealing with the issue myself as the solicitor I approached wasn’t interested unless there was proof of liability. I’ve requested various records for the area in question but so far there’s been nothing from the council. If they continue to withhold I’ll have no option other than to apply to the courts for an Application for Pre-Action Disclosure.

Why wasn’t the Solicitor you spoke with interested in your claim? Did they view photographs of the accident site? We would be more than happy to view your photographs of the tripping hazard that caused you to suffer injury in order that we can advise you as to the potential prospects of success with any potential claim.

You can email the photographs to us at justice@direct2compensation.co.uk

I am a district nurse and following the recent bad weather the roads to where my patients live were iced over, rain fell then more ice appeared, the patient I was attending to needed my visit so it was essential I attended. I tried to walk on the pavement but hit the ice and fell over, breaking my wrist.
Who would be responsible for the pavement safety? As this was a necessary visit would the council be responsible to make sure the public path was safe or would it be me that should have assessed the situation differently?

If the local authority had been made aware of the essential need to visit this address, they may have been able to treat the surface. However, local authority highways departments are not obliged to treat pavements or minor roads/residential areas and must instead concentrate on the major routes, bus routes and city centre areas.

Unfortunately, as things stand I don’t foresee that you can pursue a claim for compensation unless any colleagues had provided a warning to your employer of the risks and they had failed to pass on any such warning to you.

As I left a public council owned building I lost my footing as I came out onto a pathway, there were shallow steps but no warning signs of them, although the council tells me they are highlighted yellow to warn they are there. (I didn’t notice) I tripped off the step and twisted my ankle. I have badly sprained my ankle and torn ligaments, possibly broken my foot too.

Should there have been signs up?

If you can provide us with photographs, or a short video showing the approach to the steps in question and then the view as you walk out where you fell, we could advise whether the steps should have been indicated by signage.

Any such footage should be emailed to us at justice@direct2compensation.co.uk along with a short explanation of the incident and your contact details.