Can you claim injury compensation after tripping on a broken pavement?

By Ian Morris | Updated September 18th, 2025

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

If you have been injured after tripping on a broken, raised, or uneven pavement, you may be entitled to claim compensation. Local councils have a legal duty to maintain public paths to ensure they are safe. If they fail in this duty, and you can prove their negligence caused your injury, your claim is likely to succeed. The amount of compensation depends on the severity of your injuries and any financial losses incurred.

Key Takeaways:

Local councils are responsible for maintaining most public pavements and footpaths.
The pavement defect usually needs to be at least one inch (25mm) high or deep to be considered a legal hazard.
Photographic evidence, with a clear measurement, is crucial for your claim.
Compensation covers your pain and suffering, as well as financial losses like lost earnings.
Proving the council was at fault is essential for a successful claim.

Free Claim Check – Get Advice Today

Not sure if you’re eligible to make a claim? Our claims expert Ian Morris can review your situation and give you confidential, no-obligation advice.

Our advice is free, and we’re here to support you every step of the way. Drop us a line on 01225 234387 or get in touch via our contact form to learn how we can help you.

Who is Responsible for Pavement Maintenance?

In the UK, the responsibility for inspecting and maintaining the safety of public pavements, footpaths, and kerbs almost always falls to the local authority or council.

They have a statutory duty to ensure that these public rights of way are kept in a reasonable state of repair and are safe for pedestrians to use. This means they must have a regular system of inspection in place to identify and repair potential hazards like raised paving slabs, potholes, or broken kerbstones. If they fail to do this and an accident happens as a result, they can be held legally responsible.

How Much Compensation For a Pavement Trip Injury?

Compensation payouts depend on injury severity, your financial losses and the impact on your quality of lifThe amount of compensation you can receive for tripping on a pavement is calculated based on the severity of your injury, your financial losses, and the impact on your quality of life. Our solicitors will claim for:

The pain and distress caused by your injuries.
Lost earnings if you have been unable to work.
Medical treatments, rehabilitation therapies, and care costs.
The psychological impact of your injury.
Miscellaneous expenses (e.g., travel to appointments, prescription costs).

While every case is different, the table below provides a guide to compensation amounts for the injury itself, based on Judicial College Guidelines.

Type of injury	Compensation amount
Neck injury	£2,000 – £140,000
Minor brain or head injury	£2,070 – £11,980
Finger injury	£4,000 – £85,000
Wrist injury	£3,310 – £44,690
Hip or pelvis injury	£3,710 – £24,950
Fractured forearm	£6,190 – £18,020
Permanent back injury	£11,730 – £26,050
Serious shoulder injury	£11,980 – £18,020
Ankle injury	£12,900 – £46,980

How to Prove the Council was Liable for Your Pavement Trip

Winning a claim against a local authority requires you to prove they were negligent. This isn’t always easy, as they have specific legal defences they can use.

Understanding the Council’s “Section 58 Defence”

When a claim is made, councils will often rely on a legal defence known as the ‘Section 58 defence’ (from the Highways Act 1980). This allows them to argue they are not liable if they can provide documentation showing they had a reasonable system of maintenance and inspection in place.

To overcome this, your solicitor must demonstrate that either their inspection system was inadequate, or that they knew about the specific defect that caused your fall but failed to repair it within a reasonable timeframe (often meaning it had been there for over 6 months).

The Council’s Inspection Duties

Councils have a legal duty to:

Have a system to regularly inspect roads and footpaths for accident risks.
Check busier routes more frequently than less used ones.
Repair any defects within a reasonable time.
Act on any public reports of dangerous surfaces within a reasonable time.
Signpost any hazards or dangers to the public.

Local authority highways departments should typically inspect every section of their roads and footpaths at least once every 6 months. If they can prove they did this and no defect was found, a claim will not succeed. However, in some cases, courts have found that an inspection was inadequate (e.g., a drive-by inspection instead of on-foot) and have held the council liable.

Gathering Evidence to Support Your Claim

Strong evidence is the key to a successful slip and trip personal injury compensation claim.

Photographic Evidence & Measurements

Photographic Evidence

This is the single most important piece of evidence. Take clear, well-lit photos of the pavement defect from several angles before it is repaired.

Paving stone, raised by more than 1 inch

Measurements

Crucially, your photos must include a measurement to prove the defect is a legal hazard. A vertical tripping edge must be in excess of 25mm (1 inch). Use a ruler or a familiar object like a 50p coin to clearly show the height or depth.

Raised paving flagstone protruding by in excess of 25mm

Witnesses

If anyone saw you fall, ask for their name and contact details. You can also obtain witness evidence from local shopkeepers or residents who can confirm how long the pavement has been in a dangerous state. An independent person stating the hazard has been there for over 6 months is extremely helpful.

Medical Evidence

If you haven’t had medical treatment, it is unlikely your injuries will be seen as serious enough for a claim. It is vital to see a doctor, as medical evidence is needed to prove your injuries are consistent with a trip and fall.

The height of the defect should be shown against a clear measurement. A 50p coin against the vertical edge of a pothole or raised paving stone makes for a good alternative as it provides something to indicate the size. The defect usually needs to be at least 1 inch (25mm).

Reporting the Accident to the Council

You should report the accident and the hazardous pavement to the relevant department of the local council as soon as possible. The UK Government website has a page where you can find the relevant department of the local council. When you report it, describe the exact location of the defect, what happened, and the injuries you sustained. They should provide you with an incident report number.

No Win No Fee Pavement Trip Claims

We handle all pavement trip claims on a No Win, No Fee basis. This means there is no financial risk to you. You will only pay a fee if your claim is successful, and this is a pre-agreed percentage (around 25%) of the compensation you receive. If your claim is unsuccessful, you pay nothing.

Our solicitors can claim for your injuries and any associated costs and losses (special damages).

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.

If you believe that you have a claim, you can call us on 01225 430285 or request a call back and one of our expert team will be in touch.

Frequently Asked Questions

How long has a pavement defect got to be there for a claim to be valid?

Generally, you need to demonstrate that the hazard has been present for a reasonable period, often at least 6 to 12 months. This helps to prove that the local authority should have identified and repaired it during their routine inspections.

What if I tripped but the defect is less than an inch?

While the “one-inch rule” is a common benchmark, you can sometimes still claim for smaller defects if you can show the location was particularly hazardous (e.g., outside a school or home for the elderly). However, these cases are more difficult to win.

I fell on a broken paving slab on a path to a shop, not a public pavement. Can I still claim?

Yes, but the claim would be against the owner of the private land (e.g., the supermarket or shop owner) rather than the council. The principles of proving negligence are the same.

The council repaired the pavement right after my accident. Does this affect my claim?

No, this does not harm your claim. In fact, it can be seen as an admission that the pavement was in a dangerous condition. This is why taking clear photographic evidence immediately after your accident is so important.

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

Comments & Questions

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

Sorry it’s late just looking and I see a claim for a fall outside my house and later that day I was uneven path outside so ruseh in hospital signs of a strok so abalance with blue lights I was taken straight too resus then I had a CT scan the doctor was really nice person and all the doctors looked after me so I have been paralysed from waist down it was so scarred the strok ward and the I was taken to a medical ward and I was put on side ward the nurse there was plenty on my ward I was just in this room and they are supposed attending to the alarm is going off tgat could be anything and this what happened to me so I was told to sit in this chair and so then I went to get up with my crucfh and it got stuck and I fell and because I was week at my sides a si was calling for the nurse and I managed too get the alarm and was calling the night nurses but did g come so 45 mins I was calling and I started to shout and a sister walk past and I called her she came I. I and then was a few nurse trying to pick me up and put me o. The bed and my body was numb down one side and I was so upset that none of the nurses Jess now numb all the way down I was I. Hospital 3 weeks I wanted too go home Christmas Eve they arrange the hospital to discharge me I have been at home haveing careS 4 times a day I have so much more but I will leave you and I get back too you

You may well have grounds to pursue a claim – but we will not be able to say for certain until we view some photographs of the uneven pathway where you fell. Please send some images of the area to us at justice@direct2compensation.co.uk in order that we can view them and then advise you accordingly.

What if u didn’t break any bones, but u bruised yourself pretty bad and what the crack what less the 1/2inch , they even saw it on video camera that I fell

Case law and the accepted prescribed criteria from the courts in cases of tripping accident claims generally requires that a tripping hazard exceed 25mm or 1″ in differentiation from the surrounding surface level. In exceptional circumstances, it would be possible to succeed with a claim where a hazard fell below this threshold, but that would be a genuine rarity – such as if a path directly outside of a home for those with physical or visual disabilities had been allowed to be anything other than flat with no hazards.

Whilst it could well be the case that you do not have grounds to hold the landowners liable in this matter given a 1/2″ hazard, we would be more than happy to review any photographs you can send of the accident site as it may be that we can identify grounds for a claim that may otherwise not seem obvious. If you have any photographs of the hazard that you’d like us to review, please email them to us at justice@direct2compensation.co.uk so that we can advise with more certainty.

If you have tripped on a section of pavement or footpath where a tripping hazard does not exceed 25mm or 1″, it is very unlikely that you would succeed with a claim. The courts have essentially ruled that for a claimant to be able to prove negligence in a tripping accident claim on the part of a local authority or other landowner, they must demonstrate the following criteria are met:

1, The tripping hazard exceeds 25mm in height or depth from the surrounding pavement/surface level
2, The tripping hazard in question has been in situ for such time that the landowner/local authority should have identified the disrepair and carried out remedial repairs. (This is generally set at a period of 12 months)
3, The injuries sustained in the tripping hazard meet the required severity of injury threshold to enable a claim to proceed.

In your case, it would seem that the defect in question is unlikely to meet the criteria needed as per point 1 above.

Hi I tripped over a defect on a footpath where the tarmac was raised by the tree roots. This was reported to the council and they resurfaced the whole path. This was near a primary school so I would think it was checked regularly. I still have shoulder problems 8 month later and am having physio. I have a few photos a friend got at the time. The defect was reported as a defect at the time of incident to dmbc. How straightforward is this case?

Claims for tripping accident compensation are never particularly straightforward – but that is where having a specialist Solicitor, like those who act for our clients, proves to be of benefit. The courts have made it quite hard for people injured by tripping on a disrepaired or damaged pavement to prove that a local authority have been negligent, but with the expertise and know-how that our Solicitors have, we can give you the best chance of succeeding with a claim.

In this case, I would agree that there should be a higher duty of care given the accident location being near to a primary school and we would very much like to further consider this matter for you.

If you could email the photographs you have of the pavement where you fell to us at justice@direct2compensation.co.uk (and include a contact number) we will review the matter and then advise accordingly. Our Solicitors work on a No Win No Fee basis and would seek to obtain compensation for the injury that you are still suffering with along with recovering any costs you may have incurred and seeking private rehabilitation therapy if appropriate.

If you would like to further discuss this with us, please call us on 01225430285.

My mother has had fall due to broken road/pot hole, but we have been told that the lane is not council owned. My Mother has a broken wrist and other injuries. Is she able to make a claim?

If the road or street in question is privately owned or ‘unadopted’ it may still be possible to pursue a claim for personal injury compensation. Please forward some photographs of the accident site to us at justice@direct2compensation.co.uk along with a contact number and we can then review this and advise you further. When taking close up photographs of the pothole, please ensure that measurements of the width and important, the depth are visible. We would also like to have a few photographs showing the general area as well as the close up images.

I tripped over a flag stone causing me to cut my leg and arm and having a mini stroke, the council said I can’t claim because it as to be 20mm up and it was 11mm.

Sadly the reality is that if the tripping hazard on the pavement surface does not protrude by more than 25mm, the courts will not find against the local authority as the defect would not meet the required criteria.

I had a fall today and twisted my ankle on an uneven pavement. I hurt my right leg and hurt my left knee and my left ankle is really painful and I can’t walk on my foot. I also hurt my head and have headaches. I have taken pain killers which have not worked.

We can assist you in ascertaining whether or not you are in a position to make a claim for personal injury compensation. However, we need to see some photographs of the accident site showing the state of the pavement to be able to advise you further. Please therefore send some photographs to us showing close up images of the point of your fall – showing the hazard and disrepaired area responsible for your accident along with a few images from further back showing the general area.

It is important that your injuries are attended to by a Doctor or at A&E so that your medical records are updated as the records will provide important medical evidence to support your claim should you be able to take this further.

Hello I fell badly onto my face in a supermarket car park – I went to get a trolley but as it was dark i could not see the kerb and was in darkness – other areas had lighting but not by the trolley – I tripped and fell face first onto the pavement kerb and smashed my glasses – sustained injuries to bones, hands and knees and now ache as if i have been run over – can i claim against supermarket?

If there was lighting covering the area, but that lighting was broken/not working or obstructed, you may have grounds to pursue a claim. If however, the area doesn’t have direct lighting and you simply fell due to not being able to see, you would be unlikely to be able to demonstrate any negligence against the supermarket.

The courts have established that a tripping defect must be raised above or sink below the surrounding surface by a minimum of 25mm (1 inch) to be deemed to be an ‘actionable’ defect. With this in mind, during any highways inspections (or if the tripping hazard had been reported to the local authority), the highways officer would not be required to undertake repairs.

In your case, if the defect does not meet the actionable defect criteria, whilst the tripping hazard may have been in situ for some time, the courts would not find against the local authority and it would not be viable to pursue a claim against them.

I tripped on an uneven drain cover and broke my knee cap, I have spoken to two no win no fee company’s and neither of them are willing to take on my case.
Am I right in thinking if there not willing to take this case on then I shouldn’t bother to challenge this any longer?

When it comes to claim enquiries such as the one you describe, we first need to view some photographic evidence of the accident site in order to ascertain whether or not the disrepair or hazard that has caused the fall and injury meets the minimum criteria to be able to take it further.

Generally speaking, a tripping hazard must exceed 25mm (or 1 inch) in height or depth from the surrounding surface level. With this in mind, if you can provide us with photographs via email (justice@direct2compensation.co.uk) along with your contact number, we can review your particular enquiry and advise as to whether we feel there is any merit in further pursuit of this matter.

I fell down a broken drain cover (over 5ft drop) I injured my leg which has left me with some bad scarring. A nowinnofee company has told me they can’t take on my case. Please can you advise? Thanks

What reason did the other company provide for not wishing to pursue the claim? At face value the description of your accident would indicate that you do have valid grounds to pursue a claim for compensation. We’d like to find out more about the accident and the location of the broken drain cover so that we can further advise you. Please call us on 01225430285 so that we can discuss this with you.

Whilst out on a run a few days ago I badly went over on my ankle due to uneven pavement. My ankle is severely swollen and bruised. I have photographs of the pavement but haven’t been to a GP or hospital. Would I be able to make a claim?

The fact that you’ve not yet had medical treatment will not be an issue. However it is important that you do seek medical attention at the earliest opportunity, so do contact your GP for an appointment (a telephone consultation would be sufficient). In order to demonstrate the severity of your injuries, our Solicitors would use your medical records, but if you take some photographs of your ankle showing it to be swollen and bruised, that will also be useful evidence.

Although medical evidence is important, the key thing in a claim for compensation due to a damaged or disrepaired pavement is to demonstrate that the pavement is dangerous and should have been repaired by the local authority. With this in mind, the photographs you have of the accident site will be vital.

I was walking to my car holding my two year old grandson’s hand when I tripped on raised repair on public pavement outside my house. I could not get free of my grandsons hand and was terrified I was going to land on him. I just remember throwing my arm to side to get him out of way and then smashed my knees on the concrete followed by my face and nose. My grandson is fine but I have grazed my face, hands and knees. I have also got badly swollen nose, grazed eyelid and bruising to the nose and under my eyes. I am still trying to get through to my GP to get my nose checked – it’s very painful.

Would I be able to make a claim? I have pictures of the area and my face. I think it’s due to tree root growth as lots are protruding through the pavement. This whole area is uneven. I have reported incident to local council.

You may well be entitled to make a claim for personal injury compensation and we would very much like to see the photographs you have taken of the accident site as this will be vital in evaluating whether or not a claim is viable and appropriate.

Hi I have fallen over a pothole that has already been marked out to repair, I have broken my ankle in 2 places and caused injury to my pelvis. I fell in the dark around 9pm and this hole or markings couldn’t be seen. I’ve later gone back to check the hole where I fell and the hole fits the bottom part of my crutch stick in so roughly around 2/3 inches deep.

Please provide some photographs of the pothole with a measurement of the depth visible (along with a few close up images and a couple from further back) via email to justice@direct2compensation.co.uk so that we can advise you further.

Tripped over a curb and shattered my femur requiring reconstruction. The curb was sticking up 2cm and is wobbly. It’s on top of a slight incline from level pavement. Can I claim?

Please forward photographs of the disrepaired curb, ideally showing measurements with a brief video showing the curb wobble to us via email at justice@direct2compensation.co.uk Please include a contact number and we can then advise you further as you may well be able to pursue a claim for personal injury compensation.

It’s been almost 2 months since I was injured in a store parking lot from damage pavement separated. The cart went into the hole and hit me in my chest area. I reported the incident. I’m still experiencing discomfort . Would the store be liable for injuries?

If a landowner has allowed a hazard to patrons or visitors to remain present when they should have known it was there and removed it, the landowner or occupier may be liable for injuries sustained as a result of their negligence in allowing said hazard to remain in situ.

Hi there my partner went over on his ankle damaging ligaments on a public road we had a private X-ray and have photographic evidence, can you help?

We can certainly review this matter and consider whether there are reasonable prospects of success to enable our Solicitors to pursue a claim. The first thing we need to do is review the photographs you have – please forward them to us at justice@direct2compensation.co.uk along with a contact number and we’ll be able to advise further.

I’ve fallen over very badly today, outside a shop that I was delivering to. The steps are all uneven loose or broken and there’s no disabled access either (although I’m not disabled). I’ve cut my eye lid open plus it’s swollen, I’ve cut both arms, have a huge graze to my knee and my knee is swollen. My ankle hurts too.

Do I need to go to hospital 1st if I want to pursue this matter? I also have a witness but I am unsure if he will help.

You don’t have to go to the Hospital or see a GP before you start a claim, but it is probably a sensible idea to get an understanding of the injuries you have sustained and rule out any more serious injuries such as a fracture or infection, so attending either an A&E centre or making a GP appointment would be a prudent move and it would definitely help your case later on.

Hi, i work at a hotel and we’ve reported flags being raised outside as we have elderly guests. I am 30 years old and I just cracked my big toenail on one of the REPORTED slabs outside the hotel. I’m athletic and fit, I’m not elderly. We have reported this and chased it up multiple times as we have log numbers in the office but nothing has happened and unfortunately I’ve had an accident.

Can i claim?

Your employer has certainly been (and continues to be) negligent in the fact that the dangerous flagstones have been reported, but nothing has been done to make the area safe. If you haven’t already done so, obtain some photographs of the accident site and make sure that the details of your injury are recorded within the employers accident book.

With regards to your situation, the only question we now need to ask is the severity of the injury as it would certainly seem that there is a valid claim to be made so long as we can demonstrate that your injury warrants such action.

I tripped on an uneven pavement. The left side of my body fell in the road and the right side on the pavement. My left shoulder got dislocated and I had bad bruising to one knee. This happened one year and five months ago. There was so much going on in my life during this time. I do have photos of the pavement with a tape measure that were taken at the time. Is it still ok to make a claim now?

You are still within the limitation period to pursue a claim as you have up to 3 years from the date of the accident in which you can pursue action for personal injury compensation.

Please email the photograph you mention to us at justice@direct2compensation.co.uk along with your name, contact number and a brief description of the accident and we’ll be more than happy to have our Solicitors advise you and if practical, to pursue your claim on a No Win No Fee basis.

My daughter today had a fall she is 2 years old her foot went into a crack in the path outside my house and caused a bad head injury which ambulance come and took her to hospital her head has swollen so much. The crack is part of my property as it is on the housing association grounds. Can we make a claim?

Please take some photographs of the area where your daughter fell, ideally with some measurements visible (use a ruler or tape measure) and email them to us at justice@direct2compensation.co.uk along with your contact number so that we can help you to make a claim on behalf of your daughter.

I Was crossing the road with my 11 month old in the pram when the pram tipped over the curb into a pothole causing the pushchair to tip the baby right over inside without me being able to stop it, luckily baby was fine more shock then anything but the push bar into the pram went into my diaphragm during the incident causing bruising and cramps would i be able to claim?

You may well be able to make a claim. Please obtain photographs of the accident site, showing close up images of the pothole in question – ideally with a clear measurement of the depth visible – and a couple of images from further back so that we can review your claim for you.

Please email your photographs and contact number to us at: justice@direct2compensation.co.uk and we’ll be in touch to help further.