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

By Ian Morris | Updated December 15th, 2023

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

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 pavement accident claims

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

How to report your pavement accident to the council

The UK Government website has a handy page where you can find the relevant department of the local council responsible for the area in which you fell. You should report your accident to them, describing the hazard and its location, what injuries you’ve sustained and what medical treatment you have received.

Try to take photographs of the accident site showing the depth or height of the hazard with clear measurements. You could also get the names and contact details of any witnesses, as this will provide further evidence.

Before sending all this in, our best advice is to hire a specialist personal injury solicitor to run your claim, as this will give you the best chance of succeeding.

The evidence you’ll need

In order to win injury compensation, claimants must gather as much evidence as possible to help their solicitor force the council to admit liability.

Medical evidence

If you haven’t had medical treatment, it is likely that your injuries will not be seen as sufficiently serious to warrant a claim for compensation. This is because medical evidence is needed to support your claim. If you have been suffering in silence and haven’t seen the GP, you still can. If the GP is happy to note that your injuries are consistent with those suffered as a result of a trip, for example, you can then prove your injuries and pursue a claim.

Hazard evidence

Even if your injuries are severe, the pavement must still have a vertical tripping edge in excess of 25mm for you to have a valid claim. That’s a fairly easy thing for a claimant to identify when they look at what’s caused their fall, and photographs of the hazard can be taken for proof.

The more complex issue is proving how long the raised flagstone or uneven pavement surface has been there. The claimant needs to demonstrate that the hazard that caused their accident has been in situ for a minimum of 6 months, and sometimes 12 months. So how do you do this?

Witnesses

To greatly increase the strength of your claim, you can obtain witness evidence from local shop keepers, residents or other regular users of a pavement regarding its condition. These people may not have witnessed the claimant’s accident, but instead can be a witness to a hazard being present. They can state where the hazard is, what it is, the rough dimensions of the hazard and how long it has been in situ. If an independent person can state that they have seen the hazard in situ for a minimum of 6 months and sign a statement to that effect, it helps to show that the local authority have either failed to inspect the area or carry out adequate repairs.

For example, if the hazardous pavement is in a residential area, it is likely that the local residents will know how long it has been there for. Furthermore, one of them may have reported it to the council already. As an injured claimant, you should approach these residents and ask if they know about the damaged pavement and how long it has been there. If one of them does, you could ask them if they would be willing to act as a hazard witness.

Most people are more than willing to act as a witness to support a claimant, as this can help to make sure that the local authority speed up their inspection and repair regime.

How to start a no win no fee pavement accident claim

If you can prove council liability and your injuries are severe enough, you will be eligible to claim compensation for them. Our no win, no fee solicitors can claim for the following on your behalf:

The pain and distress caused to you by your injuries
Associated costs and losses (special damages)
Restrictions on your ability to fulfil your usual activities and social life

No win no fee enables you to make a claim without it costing you anything if the claim fails to succeed. If you win, your solicitor gets around 25% of the value of your claim.

Instructing the services of a specialist claims expert is always a good idea to give your claim the best possible chances of success.

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 pavement accident, or want to ask about whether or not your injuries will entitle you to claim, you can call us on 01225 430285 or and one of our expert team will be in touch. We’ll only need a few minutes of your time to let you know if you can make a claim and there is no charge for assessing your case.

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

Comments & Questions

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

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