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

By Ian Morris | Updated August 7th, 2023

193 questions have been answered on this subject, why not ask your own?

In the UK, your local council has a duty to maintain roads, paths and pavements to make sure that walkers and road users are safe from injury. If a surface hasn’t been maintained properly and you’ve tripped or fallen on an uneven pavement or pothole, you may be entitled to claim compensation for any injuries.

Here we look at the circumstances in which you’d have a valid pavement accident claim, and how to go about it.

What the law says about claiming for pavement trips

There are some common misconceptions out there as to what merits a valid claim for slip and trip personal injury compensation after a fall on a damaged path or pavement. Many people wrongly believe that any fall in public that leads to injuries (commonly wrist, ankle, foot, knee, hip or ligament injuries) means they can sue the council. The truth however is very different, and to succeed with a claim there are certain criteria that must be met.

Firstly, to make a claim against a local authority or other land owner after a slip, trip or fall, the claimant must demonstrate that the defect (a raised edge, or hole, for example) which lead to their accident met specific size requirements, usually more than 1 inch.

Secondly, anyone looking to succeed with a claim will need to prove that the defendant failed to adequately inspect and maintain the pavements and road within their responsibility, and therefore left a dangerous hazard in situ.

Thirdly, a claimant will need to demonstrate that the hazard that caused them to sustain injury was present for a period of at least 6 months before their accident date.

Local council legal duties to prevent pavement accidents

While councils have a duty of care to prevent pavement accidents, they are understandably given some leeway in terms of how fast they can be expected to fix defects. The courts have stated that landowners and local authorities require ample time to inspect the footpaths and roads in their area, identify and then repair any hazards or faults to reduce the risk of injury to the public.

Any defects found that have a vertical tripping edge of 1″ or more should be listed for repair and removed from the footpath as quickly as possible. If a hazard has been in situ for 6 months or MORE, it should have been highlighted for repair IF the local authority correctly inspected the pavement in question.

In general, councils have the following responsibilities 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 having to pay compensation to anyone injured as a result of their negligence.

Trip hazard height – use photographic evidence to make a claim

To succeed with a claim for compensation for injuries sustained in a pavement accident, it is important to provide clear photographic evidence of the trip hazard height. This will help your solicitor to prove that an alleged 3rd party are liable, that an ‘actionable defect’ was in situ and should have been repaired.

Claimants should ensure that they have taken or obtained photographs of a hazard that caused them to fall BEFORE it is repaired. With most people now having a camera built in to their mobile phones, obtaining evidential photographs is easy and should always be done. To take a good photograph, the height of the defect should be shown against a clear measurement. Most people don’t carry a ruler or measure with them, but a 50p or other 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 of the hole or raised edge at the centre of the claim.

The hazard shown in the above example is on the acceptable edge of being deemed ‘actionable’ (a hazard likely to succeed in a claim for compensation) although it is borderline. The photographs show clear measurements with the defect just exceeding 25mm/1″ from the surrounding surface level. The location of the defect (in terms of background landmarks) and enabling the direction of travel to be seen further strengthens a claim for tripping accident compensation.

As well as photographs, a strong claim will provide further evidence in the form of:

Witness contact details
An accident report noting the location and date
A medical report on the injuries sustained and treatment required
Receipts for any expenses incurred

How much compensation do you get for tripping on a pavement?

Compensation payouts depend on injury severity, your financial losses and the impact on your quality of life. Usually we will claim for the following on your behalf:

The pain and distress caused to you by the injuries sustained
Associated costs and losses
Lost earnings if you have been away from work as a result of the accident
Medical treatments, rehabilitation therapies and post accident care
Restrictions on your ability to fulfil your usual activities and social life
The psychological impact of your injury
Miscellaneous expenses (bus fares, painkillers etc)

There are guidelines issued by the courts for solicitors, but it’s impossible to say exactly how much you can expect as all cases vary. As a guide, some settlement values are listed in the table below for common fall injury claims, this is for the injury only, not including lost wages or expenses, for example:

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

Pavement accident claims – how Direct2Compensation can help

Instructing the services of a specialist claims expert is always a good idea to give your claim the best possible chances of success. It won’t surprise you to learn that people who attempt to pursue a claim without legal representation often have a less satisfactory outcome, and may even fail with a claim that a specialist solicitor would succeed with.

At Direct2Compensation we know your rights and how to ensure that any claim for tripping accident compensation is presented in the best possible light. We know how to identify whether a hazard presents a valid claim, and how to ensure that the right evidence is in place to give you the best prospects of succeeding.

If you believe that you have a claim for compensation after a trip or slip or want to ask about whether or not your injuries will entitle you to claim, simply contact us and we’ll happily help.

193 questions have been answered on this subject, why not ask your own?

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Questions

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

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

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 tarma 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 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.

I was with my daughter when I fell over on a pavement which was broken with a peace missing my daughter took photos we went back a week later and took video of the pavement got the right address time date also I went to hospital the same day had tissue damage to top of my arm and hand I’ve been to doctors because had to have strong painkillers I’ve been in a lot of pain couldn’t drive go shopping even do things like get in Bath I’m getting better as it happened over a month ago as I live on my own so want to return to normal also informed the council the same day I fell in was going to claim compensation what’s the chance of winning this case

Succeeding with a claim against a local authority as a result of injuries sustained after a trip or fall on disrepaired or damaged pavement surface is not easy. However, there are certain criteria that we can investigate in a bid to demonstrate that the local authority has been negligent and are therefore liable for any injuries or losses caused as a result of the fall.

If you have not already got a specialist personal injury Solicitor acting for you, please make further contact with us for help – either by using our website or by calling us on 01225430285 – as it is highly likely that your prospects of succeeding with a claim in this case will be far higher with specialist representation than otherwise. A specialist personal injury Solicitor like those working on behalf of our claimants will know your rights and the statutory obligations held by the local authority and their highways department and will be able to ensure that the local authority is held to account.

Essentially, whether or not you can succeed with your claim will depend on the size and depth/height of the section of pavement where you fell and how long that disrepair had been in situ.

You have done the right thing in obtaining photographs of the accident site and also video footage of the same. If you could email that to us at justice@direct2compensation.co.uk, we can review this for you and further advise with a view to assisting on a No Win No Fee basis in pursuit of compensation for your injuries and recovery of any incurred costs or losses.

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.

My 7 year old daughter tripped on a raised telephone manhole cover as well as the concrete being broke, she broke her wrist.
Do I have rights to claim?

There is a potential to pursue a claim should the accident site meet the required criteria to hold the landowner or local authority liable. To this end, do you have any photographs of the raised manhole/access cover and broken concrete?

If so, please email the photographs to us along with a contact number and we’ll be able to advise you further and assist with the pursuit of a claim if it is viable to do so. You can email the photographs to us at justice@direct2compensation.co.uk

Hi there,
Two weeks ago I tripped due to a faulty streetlight as I couldn’t see a raised pavement.
I was treated at a local hospital but were unable to fix me up and they recommended to find a private doctor.
I suffered permanent injury to my front teeth and light injuries to the face.I also suffer from PTSD causing mental stress and nightmares. I was off for work for a week and the initial dental work will cost me dearly, plus further treatments.
Could you please kindly advise whether it’s worth to pursue a claim?

When an existing light is not working and an accident occurs as a result, there is potential to pursue a claim. However, to succeed with a claim, the claimant will have to demonstrate that the light in question was not working for a sufficient time before their fall that the organisation responsible for the maintenance of the lights should have been aware and carried out repair. Of course, at this stage you would be unlikely to have any idea as to how long the light has been faulty.

With regards to your fall, was there any disrepair or ‘hazard’ that you tripped on or was it just the case that you didn’t see the step up on to the pavement that you tripped on?

Also, if you have reported the faulty light to the local authority, please provide details of the report to us.

My 11 year old son broke off one of his front teeth to the gum after hitting a raised area of the curb next to a badly damaged pavement on his scooter- I feel the the borough council needs to take account of the damage that has been done; can I claim compensation? (we have photographic evidence)

There is certainly potential to pursue a claim against the local authority. However, to be able to do so, we need to be able to demonstrate that the accident site was sufficiently disrepaired that it meets the relevant criteria to enable a claim for personal injury compensation.

I tripped on a paving brick that was sticking by 1″ and broke my kneecap. Can I claim compensation?

Yes, you can make a claim with us on a No Win No Fee basis. If you haven’t already done so, please obtain some photographs of the raised paving brick, showing a measurement to confirm the height of the tripping hazard.

Once you have the photographs, please email them to us at justice@direct2compensation.co.uk and include your contact number. We’ll then call you to get your claim for compensation started.

Hi, tripped over, while jogging, and have fractured my hip as a result of the fall. Have had to have a metal plate inserted and will need apx 6 months off work. The pavement I tripped over is trained by just less than an inch, would a claim be a waste of time??
Thanks

In most cases, the threshold of a tripping hazard needing to meet or exceed 25mm/1″ is a strict requirement, but there are some occasions when this is not the case.

Without needing to go through all of the information, if you have photographs showing a clear measurement of the depth/height of the tripping hazard, please forward it to us to consider – ideally with an image showing the general area.

I had a fall on some loose paving slabs resulting in me hitting the road. This caused injury above my eye which was treated at hospital. I am yet to find out if this has damaged my sight long term. This happened last week. I have taken lots of pictures of my injury. Can I claim against local council?

There is certainly a right to pursue a claim for compensation against the local authority or landowner in question. You mention having photographs, but do you have photographs of the accident site? So that we can further advise you, we need to see photographs of the cause of the injury in order to ascertain whether or not you could hold the local authority liable.

On Sunday i was out for my daily exercise, and I tripped and fell over breaking my elbow. It seems the pavement is broken, cracked, raised etc.
Would I have a claim?

Please forward photographs of the accident site to us at justice@direct2compensation.co.uk along with your contact number so that we can advise you as to whether or not you can make a claim.

i tripped on a pavement slab that was stuck up and dislocated my left index finger and banged my face. I had hospital treatment for my finger, can i claim compensation ?

It is certainly possible that you would be able to claim compensation for an injury caused by tripping on a raised paving slab or disrepaired section of pavement.

Please email some photographs of the accident site to us at justice@direct2compensation.co.uk so that we can confirm whether the tripping hazard is likely to be an actionable defect for which you can pursue a claim.

I have fell over a raised pavement due to tree root growth. I sprained my jaw and have pain in my wrist and knee following the fall. I attended A&E for head and neck X-ray.

Are you able to forward some photographs of the raised pavement that caused you to fall? Ideally, we would like to review the accident site as there is every possibility that we could pursue a claim for compensation for the injuries you have sustained.

Snapped my leg in 3 places while On roller skates at markeaton park derby in the car park, skate got stuck in a hole within the back car park and I couldn’t release it to which I ended up twisting and falling onto my leg and resulted in my leg being snapped in 3 places, currently undergoing surgery to have pins plates and a metal rod inserted

You may well have a valid claim for personal injury compensation. If we can demonstrate that the hole in the car park surface is sufficiently big that it should have been identified during routine inspections and repaired, we can succeed with a claim for your serious injury. For us to properly assess this, we need to see the accident site. Are you able to send us some photographs of the hole that caused your injury? Ideally, we need a couple of close up photographs with measurements along with a couple of photographs showing the site from further back so that we can consider your claim further.

I appreciate that you are currently immobile and unable to attend the site yourself, but if you can ask a friend or family member to obtain the images, that would be most helpful. Please then email them to us with your contact details to: justice@direct2compensation.co.uk and we’ll be able to look at this for you.

I fell getting back into the car on a pothole on the pavement. It was dark and I did not see it and I fell on my foot which left it bruised and struggling to walk on, I could not put pressure on it and had to miss work as a result. I have a picture of the pothole and pictures of my bruising. Can I make a claim with this?

Yes, you do have a right to make a claim if the pothole is sufficiently large and has been in situ for a while.

I lost my balance and fell heavily whilst crossing the road. There was a pot hole and a raised grid next to it and I caught my foot in the dip and then lost balance. I have broken my large toe with 2 fractures – one at the side of the toe and then one going straight across the joint of the toe.

I reported it to the council and heard nothing back so I again reported the issue and it is still in the road! I am waiting to see if it heals but they said as it’s on the joint there is always going to be damage. I couldn’t walk for 2 weeks and now I have to wear a boot for another 6 weeks and see if I require an operation after that time.

Well done for reporting the accident to the local authority. Have you got any photographs of the accident site? If not, make sure some are obtained before it is repaired!

Fractures to the big toe, especially more serious boney injuries such as yours, are serious injuries and can cause long term problems. As such, our specialist Solicitors would ensure that appropriate medical evidence was used in your claim and that the maximum compensation settlement possible was obtained for you.

If you need any help or you are unable to take photographs, please call us on 01225430285 so that we can help you.

Hi there,

A couple of days ago I stepped off of the curb and onto the road surface. The road surface has subsided considerably, leaving it in even and with a steep and short slope. I didn’t see this and twisted my ankle.

I had to go to hospital and I have fractured it and torn a number of tendons and ligaments. I now can’t work for a minimum of 2 weeks as I am in a foot brace.

It is an unusual situation as it isn’t a typical raised slab injury but due to the steeply dipping road surface which isn’t in keeping with the general road level I’m left in a lot of pain!

Is this something which may warrant a claim?

Many thanks

Disrepair of a pavement/road surface, whether that be a pothole, raised slab or subsidence, can lead to a successful claim for personal injury compensation.

In this case, we would initially like to see some photographs of the accident site – ideally with some measurements if possible.

I was walking in an outdoor shopping centre and all of a sudden I tripped on a slab that was wobbly. I heavily fell to my knee. Pictures taken of my knee. I was 8 months pregnant, I’m now 8.5.

We took a video of the slab, and not only did we send it to the council they said we have inspected it and it will be fixed. No mention of any compensation and I said I was heavily pregnant.

We would be more than happy to look at the footage of the hazardous paving slab that caused you to fall in order to advise you further about a potential claim for compensation. It is good that you have obtained evidence of the injuries and the accident site before reporting the incident to the landowners.

You can email the footage and further information to us at justice@direct2compensation.co.uk so that we can look at this for you with a view to helping you start your claim for compensation.

Hello, I am contacting you on behalf of my mother who recently had a fall near our home. We have recently moved into the area and there is a lack of street lighting. As my mother was making her way to work in the early hours she has tripped on an uneven paving slab, which measures approx 1 inch higher than the rest.

My mother sustained a fractured elbow but also a black eye and minor abrasions to her face. Would it be worth us making a claim against the local authority?

Kind regards

You may be able to claim against the local authority. Please email some photographs of the raised slab (showing measurements) to me along with a contact number. As the cause of the accident is a raised edge that exceeds the minimum 25mm/1 inch requirement, I feel it is worthwhile pursuing this further.

I tripped over a paving slab hit my head and hurt my hands and right leg side of knee and hit my shoulder of the floor apparently it was reported 2years ago and the person in question was basically told they wouldn’t do it my shoulder is hurting and arm and leg a neighbour ran to pick me up off the floor I hit the floor hard I went flying and have a lot of muscular pain now in my right arm and shoulder.

Do you have photographs of the damaged pavement that you can send to us to view? If so, please email them to us with your contact details and a brief description of the accident to: justice@direct2compensation.co.uk so that we can review the details and advise you further.

As the faulty slab had been reported previously, it strengthens your claim and this is a matter we would like to pursue.

I fell yesterday on damaged paving. I have mild concussion, cuts and bruises and a sprained shoulder. A lady from the nearby coffee shop told me an elderly lady had fallen there a few weeks earlier.

Hi Lisa. We can help you make a claim for compensation if the cause of the accident can be attributed to negligence. As the pavement is damaged, we need to see photographs of the accident site. Are you able to email some to us to review? If so, please email them to justice@direct2compensation.co.uk If you don’t feel able to get photos, please let us know and we can see what we can do to help you.

Part of our road was corded off previously due to road works, after the barrier had been removed there was still defects on the road which led to my wife falling over and hurting her self is she liable for a claim?

If you know the details of the contractor who was undertaking the work and you have photographic evidence of the debris that they left behind that caused your wife to fall, please email the photographs and your contact details to us at justice@direct2compensation.co.uk so that we can review this and further consider a potential claim.

Hi,

I’m heavily pregnant and tripped on a raised slab whilst walking using my arm to shield my stomach as I fell. I stil hit my stomach on the floor, nasty cuts to my hand swollen knuckle and finger, scuffed chin and muscle pain the following day resulting in me not being able to lift my arms fully. I also had to spend 2 hours in hospital to monitor my baby. Photos of the slab taken. Is this something you can help with?

We can absolutely help you with this claim. Please email the photographs of the raised slab that caused you to fall along with your contact number to: justice@direct2compensation.co.uk

Once we have received your email, our team will review the accident site and then contact you to take further details, so that our specialist Solicitors can make your claim for compensation.

I was on my way to work when I tripped over a paving flagstone. I was in hospital for 4 nights as I have fractured my right knee and I am still out of work. I have photos of the accident site.

Please forward the photographs of the accident site to us at justice@direct2compensation.co.uk so that we can review the area and advise you further regarding a potential claim for compensation.

I am in my seventies, normally fit and well walking my dog every day. This week I tripped on a path outside of my bungalow which is made of some sort of Tarmac or at least a black material. There is a raised bit of the path halfway across the path. I tripped, broke my shoulder and damages my hand and needed stitches in my head. I have taken photos and want to know if I can claim.

Please email your photographs to us at justice@direct2compensation.co.uk along with your name and contact details. We can then review the accident site and contact you to further discuss this matter and advise as to whether or not a claim for compensation can be made.

The pavement has dipped due to a previous mine shaft entrance in the vicinity and has caused the pavement to become uneven with both the curb stone and pavement sinking. The local authority has patched this area previously. My father in law has reported the state on the pavements around the area previously but nothing has been done. My 9-year-old daughter has now suffered a bruised arm, black eye and cut to nose as a direct result from this uneven and unmaintained pavement. Her scooter got stuck and she went over the handle bars.

This is certainly a matter we can investigate and pass to our specialist Solicitors. As the area had been complained about/reported before, it may make it easier to succeed with a claim.

Please forward photographs of the accident site (ideally with measurements) along with information about the previous reports of the defective areas and your contact details to us at justice@direct2compensation.co.uk and we can then help you with this matter.

On Sunday evening I tripped outside my house. There is a big crack between the pavement and the carpark and my foot went down the crack and I landed on my knee. The next day I couldn’t put weight on it, so went to hospital, had x-rays and learned that I had sprained my knee.

I have been advised by the Doctor to rest up. The knee still hurts this morning, which has resulted in me taking a week off work and lost my additional shifts. Also I’ve heard the pavement has been reported a few times and they’ve still not fixed it?! Could I make a claim as it’s only a sprain?

You certainly can make a claim for the sprain injury to your knee. A sprain injury is a common soft tissue injury associated with tripping accidents and such soft tissue injuries can often cause as many problems (if not more) than a bone injury.

As the crack that caused you to fall has been reported previously, it may add strength to your claim and this is a matter we would very much like to help you with.

If you can email some photographs (along with your contact number) of the crack that caused you to fall to us at justice@direct2compensation.co.uk, we can review the accident site and further advise you with regards to assisting with a claim for compensation. If you would like to speak to us, please call us on 01225430285.

Hi I tripped and fell on an uneven path measuring 2inch and broken my ankle.
This was on property seeing my father outside his flat.
This happened 2 days ago and my father has told the property’s maintenance, which they came out today and filled the hole.
Where do i stand?

Please send photographs of the hazard that caused you to fall and suffer the ankle injury to us at justice@direct2compensation.co.uk along with a contact number.

We can assist you in making a No Win No Fee claim for compensation for the pain and discomfort caused by the ankle injury and ensure that any rehabilitation therapies that may aid your recovery are obtained and that any loss of income or other costs you incur are also recovered.

Once we have your photos, we’ll be in contact to offer further help.

I fell down an uneven public footpath, fracture my thumb & wrist: it need plaster for 6 weeks, plaster taken out yesterday. Dr advise me it is take Long time heel it. They given me scarp wearing on my hand to reduced the damage so please advise me what to do.

If you have photographs of the area where you fell and cause of your accident, please send them to us via justice@direct2compensation.co.uk so that we can review the site and advise as to whether or not you can pursue a claim for the injury you have suffered.

Hi.i was walking round my estate this morning and tripped on a raised paving slab.this really shook me up as I went all my length. I suffered a badly graised and bruised knee so I’m struggling to walk.i banged my elbow and had a few cuts to my hands as I tried to stop myself hitting the floor..I didnt seek medical attention at the time and nobody was around to ask for help but its left me feeling very sore and shaken .can I claim against the council?

You may well be able to make a claim against the local authority. In order for us to advise further, we’ll need to see some initial photographs of the accident site. Ideally, we need a photograph showing a close up of the vertical edge of the raise slab with a clearly visible measure against it to demonstrate that it exceeds 25mm or 1″ in height, along with a few images of the area from further back.

If you can’t obtain any photographs, please call us on 01225430285 and we’ll see how we can help you.

I walked out in front of the store and tripped on an uneven pavement and sustained minor injuries on both knees. I notify the shop owner about the incident but he said he can’t do anything about it and has reported the pavement to the council but no action. Can i sue the store owner for not having warning signs on that pavement and not making it sure it is fixed?

Yes, we can help you with this. If you have photographs of the disrepaired pavement surface that caused you to trip and fall, please forward the same to us at justice@direct2compensation.co.uk and we’ll then be in touch to discuss further pursuit of your claim for personal injury compensation.

Can I claim for my 17month old daughter which she tripped into a drain hole that is not covered by the council. Due to this she bumped her head & grazed her know, which I also had to pull out her foot.

A parent or legal guardian can make a claim on behalf of a child that they have legal responsibility for if that child is aged under 18 years of age. In the scenario you describe, there may be a right to make a claim. Before we can advise further, we do need to see some photographs of the hole that she fell in to. We would also need to know a little more about the injuries and the severity of them.

Please email photographs and further information to us at: justice@direct2compensation.co.uk in order that we can further consider this matter and advise you accordingly.

I went over on my ankle in a deep pothole, our paths down our road are atrocious. I’ve done some serious ligament damage and am in a boot and on crutches. Is there anything I can do, the area is a newly built area but they don’t take care of the roads or paths!!

You may well be able to pursue a claim for the injuries to your ankle and this is something we can help you with via our No Win No Fee service.

Have you taken any photographs of the pothole that caused you to fall? If you could obtain some, ideally with clear measurement showing the depth of the hole, that would be most helpful.

I fell on uneven flooring and a dip in the path and tripped over kerb and fell I am 18 weeks pregnant and i ended up smashing my Fitbit screen and hurting my knee and ankle and had to go to hospital to have baby checked out.

If you have photographs of the accident site, showing the uneven surface and dip that caused you to trip, we can review them to advise as to whether or not a claim can proceed.

I had a trip outside my workplace and the land is owned by them. I took pictures of the gravel etc but cannot prove the height of a 50p bit. However they tarmaced it straight after and have acknowledged to me it had been reported and should have been done earlier.
I have had injuries to my chest and foot. Do I have a claim?

It could well be that the employer commenting to you that the surface had already been reported and should have been repaired sooner, will see the employer having to admit liability. Did the employer mention that to you in writing? If so, the email could be vitally important evidence to support your claim.

Hi I tripped an Injured my big toe last week fri on an uneven raised pavement slab outside of a shop at my local shopping area. It was very painful. I went to A&E as I felt the pain got worse as the days went by, they sent me for xray and found the toes has been sprained, they advised me to rest the foot and take strong painkillers but the pain is still there and i’m finding it hard to move the toes sometimes.
I’ve taken photos and video of the faulty pavement. can I claim compensation?

You may well be able to make a claim. To make a claim for a ‘tripping accident’ (an injury caused through a damaged or disrepaired pavement surface), a claim can succeed if it can be demonstrated that the pavement is of a sufficient level of disrepair. For us to be able to advise as to whether or not you can make a claim, we’ll need to see the photographs you have taken of the raised paving slab. Please forward your photographs to us at justice@direct2compensation.co.uk along with a brief description of the accident, your injuries and your contact details. Our team will then review them and contact you to further discuss a potential claim for personal injury compensation.

I have somehow tripped on a pavement where there was part of the curb raised quite a lot!! It’s about a metre of curb higher than the rest and it sticks out also it moves as my friend I was with touched it to see. I don’t live in the area so I wouldn’t know to avoid it and that. I have trod on it and twisted my back. I already have a bad back but it is absolute agony and has made me not able to do anything as it’s that painful. I’ve not been docs but planning on it next week if the pains subsided. Can I claim compo? I took pics to show it. It’s so dangerous.

Please forward any photographs you have of the offending curb that tripped you to our team via justice@direct2compensation.co.uk Once we have seen your photographs, we can properly assess the prospects of pursuing a claim and could then contact you further to obtain some further information.

Hi there, 15 months ago I tripped on the path outside my flat and it gave me sciatic back pain. I managed to muddle through and after private physio work my back got better. I didnt put a claim in but recently i tripped again and injured my back and my shoulder. Can I claim? The path has slabs that are sticking up massively.

If you did not report the accident or the damaged pavement at the time, you should certainly do so now. You are able to make a claim for compensation but photographic evidence showing that the paving slabs are raised by more than 25mm (1″) from the surrounding surface will be needed to enable us to consider further as to whether or not you can make a claim.

Please send photographs of the accident site with a description of the incident to our team via justice@direct2compensation.co.uk and we can then review this further for you.

I was walking in high street. I felt dip in pavement and fell. Fractured neck of femur caused. Hospitalization and surgery. Off feet now for at least 6 weeks. Possible future hip replacement if pins dont work. Embedded foodstuff seen nearby but unsure if cause. Felt dip and slipped forward. Unable to return to where fell. Assisted by members of public.

It is possible to make a claim after falling due to a dip in a pavement surface. However, photographs showing the depth of the dip (ideally a level placed across the dip with clear measurements showing the width and depth of the dip) would be needed before we could advise as to whether or not you could make a claim.

Wednesday 11th December I tripped on pavement near my house. Could not move, waited 1.5 hours for ambulance on pavement reached hospital and discovered broken hip, hip now replaced and still in hospital then will require physio etc, I have photos of cracked and crooked payments and witness of the people who sat with me while awaiting ambulance.

Please forward your photographs to our new claims team at justice@direct2compensation.co.uk along with a brief description of the accident and your contact details. We’ll then review them and call you to discuss how we can help you with a claim for hip injury compensation.

I tripped over a raised path this morning ……. raised due to tree roots underneath. My injuries don’t warrant a hospital visit but believe me when I say I’m in pain. I hit the side of my face and just a few scrapes to my hands.
I have photos of my injuries.

You should take some clear photographs of the footpath in question and ideally use some sort of visible measurement against the raised edge that caused you to trip and fall. If the raised section that caused you to trip, protrudes from the surrounding surface level by 25mm (1″) or more from the pavement surface, you may be able to make a claim for compensation.

You should also report the incident to the relevant local authority – but only after you have obtained photographic evidence.

If you would like us to review the photographs you take of the accident site in order that we can inform you as to whether or not the ‘hazard’ looks like something for which a claim could proceed, please email them to us at justice@direct2compensation.co.uk along with your contact number.

I need to know the maximum time that a council has to deny liability from the date that the Solicitors notified them of a particular pavement defect.

There is not a definitive maximum time in that there can be extensions to deadlines and requests for additional or extra investigation time made when any defendant handles a claim against them.

From the date of a claim being submitted, a defendant has a period of 21 days to ‘acknowledge’ the claim and confirm that they are the alleged defendant. From that date, they have a further period of over 3 months to formally investigate the claim before they will respond with an admission or denial of liability. Effectively, there is a period of 4 months or so from the date a claim is registered before any response of note should be expected.

If a defendant fails to respond in that period, a Solicitor will issue a further deadline for them to respond. If the defendant then fails to respond by the extended deadline a Solicitor will either issue a further deadline or issue proceedings to force them to respond in court.

My son fell after tripping on a cracked paving slab and has torn all 3 ligaments in his ankle, which will take about 3-6 months to heal according to hospital. Would he be able to claim against the council for being injured due to the damaged pathway? The cracked paving stones can be seen on Google street view so it has obviously there for a long time.

His fall was witnessed by a passenger who got off the bus and went to see if he was ok. She has given her email address and number as she is happy to make a witness statement.

There is certainly a right to make a claim for compensation for his ankle injury and the fact that the incident was witnessed by someone who has provided their details and is willing to provide a statement in support of a claim is good news.

Whether or not the claim will succeed will depend on what defence, if any the defendants can mount and whether or not the defective pavement area is deemed to be actionable under the law as it stands.

We would advise that photographs should be taken of the accident site showing the disrepaired area – including both close ups and images from slightly further back and that the accident is also reported to the relevant local authority.

My injury was a broken toe caused on an uneven path on a public walk way.

In the UK any person who is injured due to a disrepaired pavement or footpath has a right to make a claim for compensation.

To succeed with a claim, a claimant will need to demonstrate that the defect that caused them to trip or fall meets the required criteria for size or depth of the trip hazard.

A local authority or landowner may successfully defend a claim for tripping accident compensation if they can demonstrate that they had previously inspected the area of the accident and not found a defect or area needing repair within the past 6 months. The courts afford landowners or local authorities the option of relying on regular site inspections (annually or bi-annually) and on reports from members of the public should potholes or tripping hazards materialise.

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.

I just got don’t know what to do now.

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

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.

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.

Tripped on uneven paving. I have taken photos showing the 1″ lip. Two police officers were passing and helped me up and waited for my daughter to arrive. My daughter took me to A&E and my shoulder had been shattered. I had to have a new shoulder. The consultant told me that he would replace my shoulder as my general health was good. Otherwise they would either leave it or pin. I contacted the council sending all information and photographs. Their solicitor has now written to say the claim has been denied . They have said the repair was completed 4 days after my initial contact. This was untrue as I have photographic evidence with date showing it actually took them from September 20th (first contact with council) to end of January to repair. And an appalling job they have done. I have never claimed and feel the letter they have sent has made me feel that I have no value as a person. Do you think I have a case to answer?

It would be sensible to allow our specialist tripping accident Solicitors to investigate this matter for you. As such, please email your photographs, response from the defendant and a description of the incident and whats happened since to ‘justice@direct2compensation.co.uk’ so that we can help you further.

Dec 1st 2018 walking to shops approx time 6.45pm on this part of path lighting was not good, standard light out, near by suddenly tripped my ankle gave way and I fell over. I’m over 70 so didn’t fall too well. I got up and hobbled to my daughter who lived near by, she told me to report it. I’ve took pictures of it night and day, council’s reply was that the path was safe, have written to me on several occasions. I would like some advice.

Do you have any photographs of the pavement that you could forward to us to consider? If so, please email them to justice@direct2compensation.co.uk

We will then be able to give a view as to whether or not there is any merit in attempting to pursue your local authority for negligence by way of a tripping accident claim.

There was a round drain with tiles around it, very uneven, my foot rolled down into the dip of the drain, and I broke my little toe.
I reported it to the council, and received a generic letter back, saying the person dealing with the matter cannot receive any more emails, because his Email box is full!!!

You may have grounds to pursue a claim for compensation against the local authority highways department responsible for the maintenance of the area where you fell. For us to be able to advise you on whether or not you have a valid claim for tripping accident compensation, we’ll need to review some photographic evidence of the area. To succeed with a claim for tripping accident compensation there are certain criteria that a claimant must meet to prove that the landowner in question has been negligent. To that end, please email some photographs of the accident site to us at: justice@direct2compensation.co.uk and include your contact details. We can then contact you to discuss the merits of your claim in more detail.

Does the pavement have to be broken ? Does it count if you have tripped and had an accident because the pavement was not stright but slopped into a gradual 2 inch slope ?

Claiming compensation for tripping accident compensation where there is no obvious disrepair is not impossible, but it is far from easy. With regards to the area in question in your fall, we would need to review detailed photographs of the site showing close ups of the slope with measurements of the drop as well as photographs showing the area in context with the surrounding surface areas.

If you can provide such to us via email to: justice@direct2compensation.co.uk we will review them and give you a better idea as to whether or not you can pursue a claim for tripping accident compensation.

I was walking in my local town and stepped on a loose paving slab, it caused me to twist my ankle and I fell forward heavily. I managed to protect myself from hitting my head as I put my hands out. I went to the hospital with ankle pain, had an X-ray but need to go back after swelling subsides. Few days after my neck and shoulders were painful along with mild knee discomfort. I didn’t log the neck and shoulder and knee pain when in hospital due to my ankle being very painful. My son has photos and video of the loose slab and I’ve now got cctv footage from 2 shops of my fall. With regards to my neck shoulder knee pain do these need to be logged to make a claim? Can I only claim for the ankle? Or will I be able to claim for every pain I’ve sustained even though only ankle was logged in hospital? Thanks

It is not uncommon for some symptoms to develop 48-72 hours post accident, especially soft tissue injuries such as those you describe to your neck and shoulders. Clearly, when you fell your ankle injury was immediately apparent and obvious and it is understandable that you would have been completely focused on that when discussing the incident with Hospital staff. With regards to the upper body injuries that have since developed, it is likely to be ‘whiplash’ related given the mechanics of your fall. You should of course make a GP appointment to discuss these symptoms and ensure that you advise your GP that they developed as a result of your fall.

It is good that you have photographs and video of the loose paving slab as that could provide important evidence to support any claim that may follow. We would certainly like to view these images and video footage and assist you to pursue a claim for tripping accident compensation.

Hi have had a trip last night, it it was on a public footpath. I have suffered some facial injuries and also hurt my knee. I am concerned someone might get hurt like I have. Please can you get back to me? thank you

What caused you to trip on the footpath? If you were tripped by a damaged or disrepair pavement surface you may have a right to make a claim for compensation against the relevant land owner – in most cases, tripping accident claims will be made against a local authorities highways department.

For us to be able to advise as to whether or not you have a valid claim for tripping accident compensation, we need to know more about the cause of your fall (a description of the hazard on the footpath) and view some photographs of it. Therefore, please email me directly with some photographs of the accident site to: ian@direct2compensation.co.uk I can then view the same and make an initial assessment as to whether or not you have a valid claim for tripping accident compensation.

On behalf of my sister. She trip on an ill fitting paving slab and sustained cuts to her elbow, knees (no pictures) and her wrist which was assessed in A&E. No break. But swelling and bruising. Wrist support provided due to pain and swelling as well as lack of movement. Is she able to make a claim?

We would need to see photographs of the paving slab that caused the accident and also know the height of the tripping hazard created by the edge of the paving slab.

If you could forward the same to me by email (ian@direct2compensation.co.uk) I will be able to review this further and advise you as to whether or not a claim can follow.

Hi I had a bad fall outside my flat. There was an inspection hatch with a large hole in it and metal wires sticking out of it on the pavement. I tripped over it breaking my hand. I was admitted to the hospital for an operation and had a wire fitted into my hand to join my bones back together. The problem is I was so embarrassed about how it happened I told the hospital I done it by dropping a plate rack on to my hand. When I came out of the hospital I seen a council worker outside looking at it. I told him what happened to me, the following day they came cordoned it off and put bollards around, a couple of days later they came out took the inspection hatch up and put a new one down. I have lots of photos of my injuries and of me being in hospital, but I never managed to get photos of the damaged inspection hatch. This happened to me one year ago. I now wish I done something about it then, do you think I have a case for compensation? My brother said I shouldn’t have been embarrassed about the fall and told the hospital how it really happened.

Unfortunately, your failure to report to the Hospital the real cause of your injuries and the lack of photographic evidence of the broken access cover will make your prospects of succeeding with a claim low and this would make it very hard to be able to run your claim on a No Win No Fee basis.

After a really bad fall on a raised electric cover on the pavement I have been told I’ve no case because the council had no knowledge of the defect before my accident, that they can’t be found negligent, would this be true – solicitor is closing my file?

When there is any tripping accident claim, a defendant will only be held liable if it can be shown that the hazard or defect that caused the accident has been present for a period of time that was sufficient for a defendant to be aware of it and have the site repaired or cordoned off.

In cases such as yours, the local highways department of the local authority will inspect their footpaths and roads bi-annually to locate any defects or hazards that require replacement or repair. If they are able to provide an inspection report from the previous 6-12 months that show that the raised electric cover was not in a dangerous condition when inspected, they would have a strong defence in this claim.

Hi my wife tripped on a pavement opposite our house, it’s only a small area but the kerb is dropped, the edging stones are uneven, the tarmac is breaking up. She has broken her metatarsal on her left foot, this was in the middle of the day, we have cctv that shows her falling and I have some photos of area where it happened.

Please can you email the photographs of the accident site to me at ian@direct2compensation.co.uk so that I can review them and give you a more qualified opinion as to the prospects of a claim?

If there is a particular raised or sunken edge that caused the trip and fall, please attempt to measure it and include a photograph showing the depth/height.

Hi i need your advice. On 21st May I fell down while coming out of a park due to uneven slabs in the pavement. I fell down and resulted in my right elbow getting fully dislocated. We called ambulance and came after 1 and half hours. After the ambulance came they checked and took me to the hospital. After reaching I had X-ray and was confirmed elbow dislocation. After that the doctor put the bone back in place and the next day i had a plaster cast. I received a call next day to further X-ray appointment because my wrist and shoulder had possible crack. I am due to go to hospital for further check on Monday.
I need advice from you of what can be done.
Thank you.

If it can be shown that the cause of the tripping accident was a faulty pavement surface that should have been safer, it is possible that you would have a valid claim for tripping accident compensation.

It would be a good idea to make sure that you have obtained photographs of the offending pavement surface and email them to us (justice@direct2compensation.co.uk) along with your name and contact details. We can then call you to obtain some further information and then assign your claim to the right specialist Solicitor. We’ll also need to know the location of the accident site – park name/road name and town etc.

hi i fell while running for bus – but the pavement was sticking out about 3 inches. i have broken my jaw in 3 places and had to have an operation. the only witness i have is my son- there was a woman around who helped me but i was not thinking clearly enough to ask for her details. I did leave my phone number however I cannot talk as have had my jaw wired together.

You should definitely speak to local residents to see if you can obtain hazard witness information. Hazard witnesses are not people who have seen an accident but can instead vouch for the condition of a pavement surface and confirm that a defect or hazard was present. If you can get such information, it is likely that our Solicitors will be able to pursue a claim for you.

I was walking to the st Patrick day parade with my grandson on Saturday when I went over on my ankle on some loose wobbly paving stones. I proceeded to fall flat on my face, my daughter and two bypassers helped me up I was badly shaken and my lip was bleeding, I was helped to a nearby café to sit. Today I have a black eye swollen painful nose , bruised knee and staffed my hand. I did not report this but the pavement is outside a busy bar so its the council’s fault. I am sure there are cameras in the area. I don’t know if this even warrants a claim.

If your injury is serious enough – it sounds as if it is, and if the nature of the paving stones is sufficiently ‘bad’ (disrepaired and requiring maintenance) then you could well have a claim.

We would need to see photographic evidence of the loose stones in order to make an informed judgement on the strengths or otherwise of any claim you could proceed with.

You should also report the details of your accident to the relevant parties – the local authority who hold responsibility for the maintenance and inspections of the accident site and also to the bar adjacent to the accident site.

I was running for a train yesterday morning and tripped on a raised piece of concrete, and fell over seriously cutting my hand open. My car keys fell out my pocket and got lodged under train, and my phone was also smashed . Am i able to claim for the damage to my phone and a replacement key?

If it is just the phone and car key that you wish to be compensated for, you will need to pursue the defendant yourself. You cannot instruct a Solicitor to act on a No Win No Fee basis if the damages are below £1000 in value.

You may well be able to pursue a personal injury claim for the hand injury and then also look to seek damages for the loss/repair of your phone and car key by way of the special damages element of your claim.

On Thursday last week I was on my way out walking to my car about 100 yards from my door I tripped on the pavement which had a loose brick, this resulted in me have a cut and bruised knee and a sore hand from trying to stop my self, I have pictures of my injuries as I didn’t feel it was necessary to seek medical attention, I reported the accident to the local authorities do you think I have a valid reason to claim?

Ryan

Hi, thank you for bringing this matter to my attention. Whether or not you have a viable claim for compensation will really depend on the ‘hazard’/’defect’ that caused you to trip and fall. When it comes to assessing the viability of a tripping accident compensation claim, the accident site is very important. We need to know more about the site and therefore, seeing your photographs will enable us to give you a better view as to whether or not you have a realistic prospect of succeeding with a claim. Therefore, please email me your photographs to: ian@direct2compensation.co.uk so that I can view them and give you my thoughts.

To succeed with a claim for tripping accident compensation, we need to demonstrate that the tripping ‘hazard’ meets the required criteria regarding size and that it has been in situ long enough for the local authority to have had ample time to inspect the area and carry out remedial repair work.

I look forward to hearing from you.

Yours sincerely

Ian

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