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.

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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...

I fell at 7 months pregnant due to an uneven footpath, on the fall I fractured my elbow, a very stressful time and having an 18 month old at home was hard to mind so needed help, but I was also wearing heels, do I have a case?

The heels you were wearing are irrelevant in terms of whether or not you have a valid claim. The key in answering that question will depend on the ‘hazard’ or ‘defect’ on the footpath that caused you to trip and fall. We can help you to understand whether or not you have a valid claim, but we’ll need to review some photographic evidence of the accident site (ideally with some sort of measurement shown against the tripping hazard) to be able to do so. If you have such photographs (even without measurement), please email them to us along with a brief description of the incident, your injury and your contact details and we’ll review them and then contact you to further discuss your potential claim. Please email your photographs to: justice@direct2compensation.co.uk

I tripped on a broken council flag stone and now I am having major issues with my knee.

I have been in touch with the council in question who just didn’t really seem interested. They did say that there had been a few reports of uneven services on the street in question they also said that they will send someone round.

Would I be able to claim compensation? I have taken pictures of the flagstone.

You have done the right thing in taking photographs of the flagstone that caused your injury and also by reporting the matter to your local authority. Before any repairs are undertaken (if indeed the council do take action), you should speak to other local residents to see if anyone can state how long the area in question had been in the state of disrepair as it was when you fell. Such a ‘witness’ to the condition of the accident site, could well be useful down the line in terms of making a claim for compensation.

We would like to review your photographs of the accident site so that we can advise you as to whether or not a claim can proceed. Please email your photographs along with a brief description of your accident to our team at justice@direct2compensation.co.uk so that we can advise you further.

I tripped on the pavement on the 5/01/2017. I never bothered to claim until about twelve months after the event.
I was in the area where I had my accident, twelve months after I had tripped, and decided to look to see if the pavement had been repaired, the defect was exactly as it was, so I decided to make a claim for compensation.
I approached a solicitor who said they would handle my claim.
I took photographs of the defect and sent them into the solicitor who then informed the council.
The council left the defect as it was for over six months after they had been informed by the solicitor.
I have photographs to prove this, the defect actually has vegetation growing inside which is well established.

The council finally repaired the defect six months after they had been notified, the repair was totally incompetent and broke into pieces just one week after it was repaired, the mortar crumbled and the broken flag was so loose it could be lifted out. I have a video and photographs of the pathetic repair, which the solicitors have seen.
The defect was situated within a decorative Yorkshire stone circle which was 46 feet in diameter. I have taken pictures which show that there were nineteen major defects within this circle and that the defects were left for a period of nine months.
The Liverpool City Council are now claiming that they made monthly inspection of the area prior to my accident.
I contacted my solicitors and requested to see the pre-accident report that was performed by the council, this request was made in April, since then, the solicitor has sent me e-mail after e-mail claiming that he is still waiting for a reply. I have received three of these e-mails since the seventh of August, can you please advise me in relation to this matter?
I went straight to the hospital after my operation and have undergone surgery on my knee, I have been to physio but it is now looking as though I will require a further operation.

It would appear that your Solicitor is not getting the cooperation of the defendant in providing the requested information. Your Solicitor is doing the right thing in repeatedly chasing the defendant and should now consider issuing court proceedings to force the defendant to provide the report requested. It would appear that you have some strong evidence to dispute the councils assertion that they have carried out adequate inspections and repairs, so your Solicitor is likely to wish to pursue this matter further for you.

Hi, 5 weeks ago I fell on a curb which is broken away in one quarter, clearly has been like this for a while as the stone is smoothed out with weathering. I ended up in a&e the next day and off work for 4 weeks with an avulsion fracture in my foot. It wasn’t a large break in the curb (4 inches I’d say) but my foot rolled into it making me fall. Would I be able to claim?

You may well be able to make a claim for the injury you sustained. Certainly, on the basis of your description of the broken curb, it would appear that there is a claim to investigate.

The most sensible course of action at this stage would be for you to email some photographs of the broken curb to me so that we can make an assessment as to whether or not the curb is something that could lead to a successful claim for compensation.

If solicitor asks a local council to see the pre-accident inspection audit, then how long do the council have to produce this evidence?

There would not necessarily be a prescribed time frame for the release of such information, but one would expect it to be disclosed within 4-6 weeks of the request.

I tripped over a broken pavement 2 years ago. I have serious damage to my wrist and I have had 2 operations. I was recommended a solicitor and they took my case. They told me to take photos which I did. I also had proof the same fault had been broken for a few years. The solicitor never asked me to measure the size of the fault, I didn’t do this as I didn’t know I should of. The council are lying, and the solicitor has dropped my case. Now no one will help because they say I should of measured it, where do I go now, as they told me I only had 3 years to claim.

If the Council have mounted a robust defence of the claim causing your Solicitor to close the claim, the only route you would have to re-open the claim would be to provide new evidence to support the claim.

You mention that the council are lying – what do you mean and how can you demonstrate that to be the case?

Hi Ian thanks for your reply.
I found on Bing maps a street map showing the defect 5th May 2012.
The residents had complained to the council numerous times and also went to the local MP. Nothing was done and the council refused to put bollards up to stop cars parking on the curbs, as this is what is causing many flag stones to be broken. When I fell and started a claim the council said they had already been the previous month and they came and inspected the road every month and a fix order had been put in. When my solicitor is contacted me, in two different emails I was given two different dates when the inspection had taken place. This was not fixed until October. I’m sure if this was inspected every month it would of been fixed any time over the last five years. I know my solicitor let me down by not telling me to measure the defect. I just don’t believe that suddenly this was down for repair after I fell. No inspector has ever been seen and no spray markings were ever sprayed around it, which I often see where repairs are needed.
I hope you understand what I have said but I am so angry that they can do this and get away with it.

Given the apparent supporting evidence that you have cited here (the streetmap showing the defect in 2012, the residents reporting the defect and the involvement of the local MP etc), I am at a loss as to why the claim has failed and I can fully understand your frustration.

Yes I have followed all the procedures and it is pending with the ombudsman.

We hope that the Ombusdman is able to give you some positive news in due course.

I just got don’t know what to do now.

Have you complained to your Solicitor via their published complaints procedure?

Broke my pelvis on broken pavement in March 2019 (have video and photos). The council have said they are not liable as they inspected the pavement in December 2018 and made a repair (evidently not repaired properly by the contractor). The council are not able to provide photos of the defect or completion as they have ‘lost’ the photos from December. After my accident in March the paving stone was repaired a week later and in July of this year it is cracked again!

The courts have previously found that a local authority will NOT be liable for a claim for tripping accident compensation if they can demonstrate that they have an adequate system of inspection and repair in place. Effectively, the courts have said that should a landowner or local authority have an inspection regime in place that sees an annual or bi-annual inspection undertaken and that any reports of defects or hazards from members of the public are acted upon, they have taken every reasonable step to ensure that areas under their control are as safe as possible.

To that end, if the local authority in this case can demonstrate that they had inspected the area where the defect was located in the December 2018, 3 months before you fell and found no actionable defect in need of repair, the courts would be unlikely to hold them liable as the local authority would be seen to have done all that could be expected by inspecting the area annually or by acting on any previously made reports by the public of any hazard. Of course, if you can provide evidence to show that the authority either had not inspected the area or they had missed the defect or hazard (which would indicate that their inspection was inadequate), your Solicitor would be able to continue to fight the claim for you.

Do you know of any people who can provide hazard witness statements? Local residents or local employees who are able to confirm that the hazard was in situ for a considerable time before you fell or had previously reported the defect to the local authority?

We work with specialist public liability tripping Solicitors who would be able to review your claim and give you a qualified opinion as to whether or not anything further could be done in your case. If you would like to make contact with us so that we can link you to a specialist Solicitor, please do so.

I tripped on a paving stone protruding about 17mm above rest, breaking my shoulder in 3 places and needing surgery for metal plates and screws.
I went to my union UNISON who put me in touch with Thompson solicitors.
I sent them pictures from before the fall, after fall with measurements and pictures of a total relaid pavement as it is now.
Thompson have just wrote back saying because slab was only about 17mm they say I don’t have a case against council, but as the slab edge was raised leaving behind it a sort of hole which was full of water so the hazard could not be seen.
I would be grateful for your advice and can send all pictures for you to view, I was off work for 4 months and even after physiotherapy i am still struggling with pain.

Sadly, we would agree with the feedback you have had from your previous Solicitors. In cases for tripping accident compensation, it is the case that a tripping hazard should protrude or sink below the surrounding surface level by 25mm or more. As the defect upon which you tripped was 17mm, the courts would not find the land owner liable as they would not have been expected to identify such an issue as a danger or a need for repair.

I fell over when running and tripped over a raised bit of tarmac on a pathway which had been lowered for a dropped kerb. I have broken both of my elbows and had 3 stitches in my chin.
Am I able to claim for this – not sure if the tarmac is more than 1 inch in height?

Please take some photographs of the accident site and the tripping hazard that caused to you fall, showing a clear measurement (take a ruler or tape measure to hold against the hazard whilst the photographs are taken) and send them to us so that we can advise you further in this matter.

I tripped on a broken curb and as a result of that fall my middle finger tip on my right hand was traumatically amputated, can I claim compensation for this please?

You can certainly make a claim for compensation for the loss of your finger tip as a result of your tripping accident. To pursue a claim for you, we’ll need some photographs of the offending broken curb in order to make an initial judgement on the strength of your claim. Ideally, we need a couple of close up images of the broken curb, with something used as a size guide (a measuring tape or even a 50p coin) to show the size of the damaged area and also a couple of photographs from further back showing the defect in terms of the general area and proving the location (ideally showing a landmark such as a house number, street sign or shop front etc).

If you could please email these photographs to us via: justice@direct2compensation.co.uk along with your contact number, we’ll review them and then call you to further discuss your claim and explain how we can help you.

Usually I travel in my car but tonight I took a taxi home from a friend’s house. The taxi driver dropped me off at the corner, which is three houses from my house. However, as I was crossing the street approaching the corner, my foot went in to a 3 inch deep pothole in the pavement. I fell and busted both knee caps up, and my right knee has a chunk missing, my ankle is twisted and my chin is scraped up. My left knee is popped out of place and my elbow is scraped. There were no streetlights. There’s no excuse for that spot to be such a hazard.

Under UK law, a pothole measuring 3″ in depth would meet the criteria to look further in to making a tripping accident claim. UK law requires local authorities highways departments to inspect and maintain the pavements and highways under their control. If it can be shown that they have failed in their statutory obligations, a claim for tripping accident compensation may succeed. We have more info on knee injury claims and compensation amounts if it is of interest.

My partner has had a fall after turning her ankle in a dip in a path after a streetlight had been replaced, the center of the dip was 2 inches deep, and has torn ligaments in her ankle.

There is a potential claim for compensation to be made in this matter. Before we can advise with certainty, we’ll need to review photographs of the accident site and hazard that caused the injury to your partner. If you have the same, please email them to us at: justice@direct2compensation.co.uk with a brief description of the accident and contact details and we can then go from there.

Hi, my partner has tripped stepping off a kerb to cross the road and fractured her foot. The kerb was high and directly in front was another kerb just an inch or so above the road level, so it could be viewed as a step rather than the usual kerb then road level, this was kerb level then another very low kerb/step level then road level.
It’s not easy to step onto the road without your heel catching the lower step yet it doesn’t seem designed to be stepped on due to being almost buried and very narrow.
I think it’s there because without it the kerb would be too high.
The foot was fractured, misdiagnosed at the walk in centre and should have been referred to a hospital, consequently it has become a more serious fracture needing a plaster cast and possible surgery.

It is hard to advise specifically on this matter without having seen photographic evidence of the accident site in order to consider whether it would be seen to be negligently constructed.

My mum had a nasty fall over a paving slab. We have pictures showing a 50p against the vertical rise. The colour of the slab with moss etc shows the slab has to have been raised at least a year if not more. Lancashire county council have refused on first application. I’m writing again. I would say the slab was raised at least 30mm so well over an inch. She smashed her glasses. £400 and hurt her wrist and arm leaving her unable to drive or be self sufficient for a month. They took at least 4 months to make good the trip hazard.

Are you using a specialist Solicitor to represent your Mother in this claim? If not, it would make sense to instruct such an expert to act for you.

My mum has recently fallen over on the way home from choir practice the other night. There was a raised part of the footpath caused by the water main that couldn’t been seen especially at night. She has broken her hand and has some minor cuts and bruises. She has been told that she now can’t drive for 4-6 weeks. This is a problem because my father doesn’t drive. Is there some way we could claim for the injures caused, also she had to have her wedding ring and engagement ring cut off. Also the Inconvience this has caused my mother and father for the next month or so.

Your Mother has a right to make a claim for compensation if she believes that her injuries were caused by the negligence of the landowner or local authority responsible for the footpath where she fell. To succeed with a claim for tripping accident compensation, your Mother will need to demonstrate that the area was dangerous and the tripping hazard was raised by more than 25mm from the ground level. To this end, please send some photographs to us at: justice@direct2compensation.co.uk quoting your online comment in order that we can review the accident site and provide you with a more qualified opinion as to whether or not a claim can proceed.

If successful with a claim for compensation, your Mother would be entitled to compensation for the injury to her hand, with the value based on medical evidence, recovery and long term prognosis. She would also be able to claim for incurred expense and the loss of independence whilst she cannot drive.

Working on a customers site I stepped out of my vehicle and broke my ankle on uneven ground (where 4 large concrete slabs intersected but the corners had all broken away leaving a muddy hole. I’ve been off work 3 weeks so far with a return to hospital for another xray in a weeks time to see how the fracture is healing. The incident was well documented with the companies first aider and a drug / alcohol test was carried out (which I had to wait on their site for almost 2 hours before being taken to hospital) after the incident I had to go to the doctors as it seems I’d hurt my neck in the fall also.

Our initial view of your accident at work, indicates that the injuries you sustained as a result of the broken and damaged ground surface gives you a right to make a claim for ankle injury compensation.

It is good to read that the details of your recent accident have been properly reported and recorded with your employer, as their records could well help you with the important supporting evidence our specialist Solicitors will need to succeed with your claim.

Should you wish to pursue a claim for compensation, please call us on 01225430285 or get things moving using our online ‘start a claim’ page. If successful with your claim our specialist Solicitors will recover a compensation settlement to cover the pain, discomfort and long term recovery of the ankle injury and also ensure that any lost income, lost overtime or performance bonuses and costs incurred as a result of your accident at work will be recovered for you.

I split my forehead having tripped over a broken pavement. Also injuring my knee and a torn ligament in my finger. The local authority repaired the pavement very quickly and have offered me £500. Is that a reasonable settlement given I now have a large permanent scar in the middle of my forehead? Thank you.

Whilst it would be misleading to guarantee that you would receive a much higher settlement if you instructed a specialist personal injury Solicitor to act for you, my initial view is that the offer of £500 is derisory and should be rejected out of hand. You mention a permanent scar to the forehead, injuries to your knee and also ligament damage to the finger. With this in mind, my experience within such claims for personal injury compensation would indicate to me that you should receive a considerably higher settlement. Further, does that £500 offer include any loss of income or incurred costs caused by this incident?

As always, we would strongly recommend that you instruct a specialist personal injury Solicitor to act for you as this will give you the best opportunity of obtaining a settlement that appropriately compensates you for the full extent of the injuries you sustained and any losses you incurred.

If you would like us to get a specialist Solicitor to pursue your claim, please use the ‘start a claim’ page of our website to make further contact with us.

Hi
I was coming out of a supermarket and it has 2 steps and I fell on the uneven ground and twisted my ankle and smashed my knee .
The paving stone was uneven and it had a X on it.
Would I be able to claim ?

As the paving stone had an ‘X’ sprayed on to it, it would appear that it has been noted and listed for repair. Whether or not you can make a claim will depend on the nature of the area and how long the hazard has been present. My two questions are as follows:

Did you report this accident to any person – or the store? If so, how and to whom?
Do you have any photographs of the area where you fell? If so, please email them to us at: justice@direct2compensation.co.uk

I look forward to being able to advise you further as to whether or not you can claim personal injury compensation on receipt of the further details needed.

I fell at the weekend fracturing my ankle, the pavement had been lowered for cars but the pavement had sunk with hole in it, the angle of it all that cause the fall. I also landed in the road very lucky no vehicles was coming as I wasn’t able to get out the way.

For us to be able to advise whether or not you have a valid claim for public liability tripping accident compensation, we would need to view photographs of the hazard that caused you to fall and suffer injury. Please email some to us with a brief description of the incident and we can then review them and advise you further. Please send your photographs to: justice@direct2compensation.co.uk

My daughter had a fall on the pavement whilst walking her dog she had to have an operation to replace her cruciate ligament and cartilages in her knee.
she now has a bent leg and still suffers pain and it is causing her trouble in her job.
the footpath has since been replaced with tarmac and the trees causing the pavement to raise had also been removed. We do have pictures taken after the accident but have not yet reported to local authority. This accident was 2 years ago.

The fact that the accident was not reported could be problematic in terms of your daughter making a claim for compensation. That said, we would be happy to look at the photographs of the pavement taken before it was repaired in order to advise further as to whether her claim for tripping accident compensation has any merit going forward.