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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.
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.
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.
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