How to claim injury compensation against the council

By Ian Morris | Updated April 19th, 2024

184 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 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.

184 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...

Can the County Council withdraw admitting liability after medical report says I had slipped and not tripped?

If a Doctor has recorded that you slipped when you had informed them that you had tripped, that should not see your claim fail. Of course, a defendant is likely to attempt to use that discrepancy in ‘version of event’ description against you and attempt to say your claim cannot be proven. However, if you have a good specialist personal injury Solicitor acting for you, they should be able to deal with such an issue.

I slipped off the pavement due to oil on the pavement and large amount in the road 3′ x 3′ and broke my hip. The road is a public road due to be cleaned by the council I have since reported this and received no reply nor is it cleaned up. Do I have a case?

Whether or not you have a valid claim will depend on how long the oil had been in situ and who put it there. If the oil had been a long standing issue that had previously been reported to the council or been there long enough that they should have noticed it on their usual inspections, you would have a valid claim. If the oil had been spilled within the previous few days or weeks and not been reported, the council would not be liable. However, the person who spilled it could be.

We would be happy to look in to this to see if there is anything that can be done. If you have photos, please email them to us at justice@direct2compensation.co.uk along with some further information about the spillage, where it is (i.e is it outside a garage etc) and your contact details and we’ll look in to this for you.

Hi there,

I’ve just fallen in a deep hole in the foothpath round the corner from my house, it was dark I couldn’t see it, there were no signs! I’ve twisted my ankle and smashed my knee in the ground, my back is also aching. I was carrying my child and luckily saved him from hitting the ground too. Little bit shaken up. Not impressed at the state of the path and the fact the council have just left it.
I don’t have any phone credit until Friday and I was wondering if you could contact me via email or call me if I email you, if you think I have a claim for compensation? Thanks so much.

Our initial view is that the cause of your injuries could well enable you to pursue a claim against the local authority or landowner, for the injuries you have sustained.

In order for us to be able to evaluate whether or not you can pursue a claim for compensation, we’ll need to see some photographs of the hole in the path where you fell. If you, or a family member/friend could visit the accident site and take some photographs – a few close up images of the hole (ideally with a measurement visible showing the depth) and a couple from further back showing the hole with the street visible (to prove location) and email them to us, we can then confirm whether or not the hole is sufficient to enable a claim.

Please email your photographs and contact number to us at justice@direct2compensation.co.uk and we’ll call you when we have received the photographs to discuss helping you make your claim for tripping accident compensation.

Thank you for your reply Ian
The local authority are already involved and the neighbour has been advised by the local authority and the police on numerous occasions of their obstruction but still refuse to keep the path clear .
The local authority are to issue a community protection notice to try and resolve this issue . I just wondered if any claim due to an accident would be directed towards the neighbour themselves or the local authority for failing to ensure the path is clear ?

In this case, it would seem that the neighbour is the negligent party as the local authority have been attempting to resolve the situation and are taking further action – therefore it is likely that they would be seen to have fulfilled their obligations.

I was walking on a small public thoroughfare that used to have vehicular access but is now just for pedestrians, there was a lot a wet leaves covering the ground, I slipped on them and have damaged my arm in breaking my fall. I will be seeking medical advice ASAP but this happened at a weekend. Is my local council liable?

It is unlikely that liability would attach to the local authority for the cause of your fall. Leaves are a naturally occurring ‘hazard’ and are not something the courts would likely find the council liable for being in situ.

Hi, the street where we live has recently had the street lights changed to the LED type from the older orange ones, and to be honest they are no where near bright enough. Last Sunday night; 24/11/2019 at just before 8:30 pm my wife went out to take our dogs for a walk. The light from the street lights have until recently lit up our front steps. However; since the installation of the new bulbs the steps are in darkness and unfortunately my wife fell and has broken 3 bones in her ankle which has required an operation to pin and plate the bones. I was wondering if the council could be held responsible for removing the level of light which there has been onto our steps for years Without taking into consideration the safety of the residents. A lot of the residents have spoken recently about how poor the lights are. Many thanks, Philip Griffiths.

Sadly, it is unlikely that it would be possible to establish liability against the local authority for the alteration made to the street lighting. It is almost certain to be the case that the council are using lighting that has been approved for such use and enables the council to meet energy saving targets and meet environmental targets.

My wife tripped on a loose rocking footpath paving slab at the end of July resulting in a double comminuted fracture of her shoulder. Along with the considerable pain over several weeks, the cost of physiotherapy in her recovery, being self employed she has lost earnings during the past 10 weeks. The Council inspected the footway just under 5 months previously and so denied liability. However subsequent inspection of their records shows the same defect was identified on that inspection and subsequently repaired with a “temporary” filling. Following this there are several reports from residents and businesses complaining of multiple instances of the pavement flooding due to blocked galleys which I suspected may have been responsible for undoing the repair. A report of a rocking paving slab about a month before my wife’s fall was reported but classified as non-urgent and not actioned. It seems to me that a) the defect repair indemnified during the period inspection was inadequate – the defect was evident again within 4 months and b) the council should have done further inspections following repetitive flooding because of potential collateral damage to the footway.

Should I confront the Council with the evidence from their own records so that they may wish to review their defence?

Recovering lost income is often part of a claim, even for the self-employed. Have you had this matter represented by a specialist Solicitor with an expertise in public liability tripping accident compensation? If not, it may be worthwhile considering instructing such a specialist.

Whilst the local authority may be in a position to deny liability on the basis of their inspection and temporary repair, it could be the case that the courts would find that their repair was inadequate or that they failed to make the area fully safe, despite knowing of a hazard. Whilst there is no guarantee that a Solicitor would be in a position to pursue the matter further, it would certainly be wise to seek some specialist advice.

On the issue of confronting the local authority with the evidence from their own records, it would certainly be appropriate to do that.

Hi, I was walking home and I tripped on pathway because Thames water top cover was missing (water mains valve). My Achilles tendon is damaged. Been told to walk with special boot for about 10 weeks. I have pictures. What should I do next?

Please email your photographs of the hazard that caused you to fall to us at justice@direct2compensation.co.uk along with your contact number and a brief description of the incident (date, time, weather etc).

We can then contact you to get some further basic details to enable us to present this matter to our specialist Solicitors for detailed consideration with a view to pursuing a claim on a no win no fee basis on your behalf.

On Monday of this week (it was raining) I slipped on the public footpath leading from the carpark to our row of houses, this pathway is concrete embedded with stones, over the years the stones have become more prominent causing it to be very slippery when wet, it is on a decline from the carpark. I always try to take extra care when its raining but my foot slipped, i pulled the the back of my calf, I now have a large painful swelling in the back of my right ankle and pain in my right lower back. I have a GP appointment today. Would I be able to pursue a claim with my local borough council?

You could pursue a claim, but unless the stoney pathway has been reported to the council as being a hazard when wet, it is unlikely that the claim would succeed.

Hello,
I see you say if you fell down a hole in grass you can’t make a claim, can you please explain this to me ? As I fell down a hole in a local park and I teared my ligiments badly and major brusing on ankle and up my leg. I was on the grass walking to the ziplines in the park there is no pathway to the ziplines so you have to go across the grass to get to the ziplines. I was only walking and I fell into a ditch that was covered by leaves and inverted my ankle badly. Do I have any chance with making a claim? I would be most grateful for a reply many thanks

Each incident and potential claim needs to be considered on it’s own merits and whilst it is almost always the case that there won’t be a valid claim if someone is injured due to uneven or disrepaired grounds when walking on a grassed or unpaved area, there are some exceptions.

In this case, it would appear that you were injured whilst in an official play area/recreational park? Such a location is likely to be operated and managed by a local authority and they would have a duty of care to ensure that the area is as safe as possible, whilst those using the park and facilities must also appreciate that there are some inherent risks of using play equipment.

In this case, the leaves are a red herring and there is unlikely to be any requirement or expectation for the local authority to remove leaves that are on the ground within a park. Leaves do fall from trees and it is impossible and impractical to expect that they are removed. We must therefore consider the nature of the ground and any disrepair or otherwise that may have been responsible for your injuries.

If we can show that the ground was unsafe and likely to cause injury, it may be possible to pursue a claim. Do you have any photographs of the accident site that you could forward to us to review? If so, please email them to us at justice@direct2compensation.co.uk along with a brief description of the incident and how you were injured and we’ll then be able to let you know if we think you have any prospect of succeeding with a claim.

I tripped on a pathway, water company’s small grid which has caved in and seems to have been like that a long time and broke my scaphoid. This has since been replaced with a new grid and new tarmac around it. I was in a cast for 3 months and it’s never been the same again, are they liable for this?

Potentially yes, you can make a claim against the highways authority or water company. Do you have photographs of the accident site? If so, please email them to us at justice@direct2compensation.co.uk so that we can review the area and advise you further with regards to a possible claim for compensation.

Hi, i had a injury at the end of may 2019 in a local park. It was a hole in a park which i have a photo of and can confirm it is more than a inch deep. I was throwing my ball for my dog into water nearby and fell backwards into the hole causing my knee to go one way and foot to go another way. I was at work at the time and immediately called my boss as i could not walk, i work with my partner for a homecare company so she assisted me to the car. I did go to the doctors after following nhs advice online to self medicate and rest and my knee failed to get better so i went to hospital which i had relevant examinations. There was no breaks or tears but i am left with crippling spasms and cramps in knee and upper leg. I am still on medication and attending regular physio. I am still in alot of pain and have been off work 2 months? Do i have a case?

Whether or not you can pursue a claim will depend on the location and type of the defect that caused you to fall. If you fell in a hole on a grassed/unpaved surface the reality is that you will not be able to pursue a claim. However, if the hole that caused you to fall was on a tarmacadam or hard paved surface there is every possibility of making a claim.

If you have photographs of the hole that caused you to fall, please email them to us at justice@direct2compensation.co.uk so that we can further review this enquiry for you and give you a view as to whether or not you can make a claim.

I fell on a footpath leaving my friends house a year ago. I injured my shoulder, back and leg. It was a public footpath with a sign that was broken. My girlfriend came down and took pictures. Do I have a case seeing as I have suffered a lot of shoulder problems after it?

With any claim for tripping accident compensation, we can only really advise when we have seen photographic evidence of the accident site and the cause of the fall. In your case, please email the photographs you have of the accident site to: justice@direct2compensation.co.uk along with your name and contact number. We will then call you to discuss your situation and offer advice.

I fractured my ankle as I tripped off a curb. The curbed area was (and still is) in darkness. Due to the extent of the injury I have a plate in my ankle. Would this be grounds for a claim?

Whether or not you have a valid claim will depend on whether or not negligence can be attached to whoever has responsibility or ownership of the land where you fell. To find out if you do have a claim, we need to know some further information. Our specialist staff would ask you whether there was there a fault with the curb, such as a broken piece or something sticking up that caused you to trip. If so, you may have a valid claim. If not and you simply fell because it was dark, any claim would be less likely to succeed – unless the darkness was caused by disrepaired or broken street lighting.

There is no statutory duty to fit street lighting. So if there are simply no lights, it is very unlikely that you could make a claim. However, if there are lights in situ, but they do not work or are faulty, you probably can make a claim.

The best bet would be to make further contact with us so that we can advise you in detail.

Hello,

In January, I was walking my dog along a public footpath and tripped over a tree root that had broken up through the pathway. I had fractured a bone in my hand and was in a splint for 4 weeks. After a few weeks, the council repaired the path by putting chippings over the root so no one would fall over it again. The way the root had grown, it must have been there for a very long time, which I assume should have been noticed and repaired before this accident.

I lodged a complaint with the council, who passed the complaint to their insurance company/solicitor. I have received a letter today saying that the council are not liable for the broken pathway and my claim was unsuccessful. As they have taken steps to stop anyone tripping again, is this not accepting liability? They have repaired the same pathway in the past as there were loose paving stones.

Am I now entitled to take the claim to an independent solicitor and is it likely to be successful if their solicitor has said they are not liable?

Many Thanks.

It is not uncommon for claimants attempting to pursue a claim without specialist legal representation to be ‘turned away’ and given a denial of liability by a defendant insurer. Whilst that does not always mean that the defendant has taken the view that as the claimant is not represented that they can ‘get away with it’, it is sometimes the case that a specialist Solicitor is able to overturn the defence and prove that the defendant was liable.

In your case, the best thing to do at this stage would be to allow our specialist tripping accident Solicitors to consider your claim in detail. We will need to see the photographs you have and ideally, any correspondence that you have relating to the claim.

How much time do I have to make a claim? The accident happened on Friday evening and now I am in a cast. I will see specialist on Wednesday. I twisted my ankle and it looks like something wrong with a hole in the pavement. I took some photos the day after accident.

You have a claim limitation period of 3 years from the date of the accident, so you are well within that. However, it is always wise to start your claim at the earliest opportunity as the supporting evidence that our specialist Solicitors will need to give you the best chance of succeeding with your claim will be freshly available.

It is good to hear that you have taken photographs of the pothole in question.

I tripped on uneven paving in November and hurt both of my knees. I ended up having to go to A & E to have them x rayed, luckily i escaped with no breaks but had a sprained tendon in my knee which was very painful. It took weeks before i could walk on it without pain and even now it hurts if i walk for more than about half hour and i have been unable to return to the gym since then. I also suffer from anxiety and PTSD and had to cancel counselling sessions becuase i was unable to travel far. I documented everything, took pictures of the pavement (right outside a busy post office) and several pictures of my knees over a few days. I also provided the A & E details. The pavement has not been fixed and i warned the council that should an elderley person fall here the results could be very serious. The council have until 16th of this month to produce their findings and accept/deny liability. What happens if the 16th comes around and the council haven’t got in touch with the claim handlers?

I assume that you have a specialist Solicitor representing you in your claim against them? If not, it would be wise to instruct a suitable specialist to act for you on a No Win No Fee basis.

If the council fail to disclose their findings by the deadline, a specialist Solicitor would issue a further deadline of around 1 month. If the council again failed to disclose their findings by the 2nd deadline a specialist Solicitor would then issue court proceedings to bring them to court where a judge can oblige them to cooperate.

My daughter who was 9 at the time , (2016) went out on her scooter and the scooter hit a very uneven part of the path she was on resulting in a severe leg break , her leg from the ankle down was facing the wrong direction due to the bones being completely broke away from the main one . She was immediately admitted to hospital and was operated on, she had fixcetor on and stayed in hospital for 3 weeks, she was wheelchair bound for a further 4 and was off school for over 3 months …… I just want to know if I could claim?

Yes, you can make a compensation claim for your daughter for this accident – but you will only succeed if certain criteria are met. As this is essentially a tripping accident claim, we will need photographic evidence of the defect that caused her to fall from her scooter, ideally with measurements of the height or depth of the hazard. Do you have these? Can more be taken?

Importantly, you are well within the legal time limit for making a claim for compensation. With claims involving children that have had an accident, they will enjoy a longer maximum claim limitation period. The norm for those over the age of 18 at the date of an injury is a claim period of 3 years. However, with those under the age of 18 at the date of injury, the law affords them up to their 21st birthday to pursue a claim for personal injury compensation.

Given the severity of injury sustained by your daughter, we would be very happy to help you find out more about a possible claim for compensation.

I recently tripped over a broken pavement, the pavement got mended a few day after. The council have denied liability. However I took photos of the pavement with the date of the accident. Can I still pursue this?

I would very much like to view the photographs you have taken of the broken pavement that caused you to fall. Please can you email these to me along with a full description of the accident and the height/depth of the tripping hazard listed. If you have any correspondence from the council, please forward the same to me. I realise that the council have denied liability at this stage. It maybe a strong defence, but without viewing the photographs it would be hard to offer a view on that.

Our article on claiming after trips on broken pavements may also be of interest.

I have solicitors dealing with a claim for me but I have been asked if anyone else has reported the defect that made me trip. It was a defective drain and chunks were broken off of the concrete around it. When I tripped, I went straight onto the pavement, starting on my right side then my body twisted to the left side.

I have been asking around but no one else has come forward to say that they had reported the hazard. The Council involved say that the area was inspected last year but it may not have been there then? I don’t know what to do. I’m an old age pensioner (66yrs old).

In cases of tripping accident compensation, the courts have allowed local authority highways departments what they say is a reasonable time frame to inspect their highways/pavements and make repairs of any actionable defects or hazards found. As such, the courts have ruled that local authority highways inspectors should check the pavements and roads within their remit at least every 6 months. To that end, if the council can provide an inspection report that shows that an area was inspected within the past 6 months with no defect present, it becomes very hard to succeed with a claim against them.

In such circumstances, the claimant will then need to locate an independent witness to the defect or hazard – not someone who saw the accident, but was aware of the hazard and reported it to the council – thus proving that their inspection was inadequate.

Have you knocked doors of the properties adjacent to the hazard? The other option you could employ would be to run some searches of the area on Google Streetview – the images will be dated and if you can see the hazard/defect in situ 6 months or more before you fell, you could print those off and hand the same to your Solicitors.

my wife has received a head injury whilst walking along a pavement and tripping over a raised water meter cover on a small newly built housing estate. Most of the houses are occupied and the pavement was opened up for public use8/9 months ago possibly longer. It is too soon to say what the long term affect will be on her health but being in her mid 70,s it could have longer term repercussions so I feel she needs to consider all her options when she feels sufficiently recovered. I have taken plenty of photographs with a 50p coin to guage size of hazard and intend advising the developer and local authority but don`t hold out much hope as local residents have been complaining to the planning officer for months saying the state of the pavements are an accident waiting to happen and the developer is very cavalier in his attitude. The pavement is a route for children walking to the village school and this played a part in granting planning permission for the site, It seems to me both developer and planning/building control have been negligent one for giving public access for something not fit for purpose the other for not using their enforcement powers when public safety is being put at risk. Does my wife have a winnable case?

As you can imagine, at this stage we can’t say for certain that your wife has a winnable claim for tripping accident compensation. However, I can say that on the basis of your initial description of the incident and cause of your wife’s injury, it would seem that she has a valid claim for tripping accident compensation that warrants further investigation as the relevant ‘boxes’ appear to have been ticked in that there is a tripping hazard protruding from the pavement surface that has been in situ for many months (if not longer).

We would need to see the photographs of the ‘hazard’ and discuss the situation in more detail to give a more qualified view, but our initial view is positive. We would like to help further with this as and when your wife feels able to do so. At that time, please either call us on 01225430285.

Whilst it is always wise to avoid delays in making a claim, your wife does have 3 years from the date of her accident in which she can make a claim.