Pavement accident claims are the legal process to seek compensation for injuries caused by the negligent actions of a responsible third party. These parties primarily include local authorities (typically a council) and occupiers who control public spaces like retail parks and industrial estates. When these parties fall short of their legal obligations by ignoring documented hazards like broken pavement slabs or failing to have a reasonable inspection system in place, serious accidents and injuries can result.
At Accident Claims, we see firsthand how slips, trips, and falls in pavement accidents can have a lasting impact that endures long after the initial incident. If you are navigating the financial strain of being injured in an accident that was not your fault, you deserve legal representation that always stands by your side. Our solicitors firmly believe that those who have suffered due to negligence should not have to navigate the pavement accident claims process alone. That is why they work tirelessly to secure the best possible outcome for our clients and strive to provide practical, dedicated support when it is most needed.
Our advisors are available 24/7 to help you evaluate your situation and see if you can be connected with an expert No Win No Fee solicitor e. They are also happy to answer any of your initial questions about the process of making a claim.
To make a start with your personal injury claim, use the contact details that are below to get in touch:
- Call us on 0800 073 8801
- Contact us by completing our online contact form
- Use our free live chat function
4.8Jump To A Section
- What Are Pavement Accident Claims?
- Who Can Claim For A Pavement Injury?
- Pavement Accident Compensation Claim Examples
- What Are Some Injuries Caused By Pavement Accidents?
- How Much Pavement Injury Compensation Can I Claim?
- How Can I Bring A Claim For Injuries Caused By Pavements?
- Claiming For Pavement Injury Compensation With Accident Claims
- More Information
What Are Pavement Accident Claims?
Pavement accident claims are the legal process for seeking compensation for injuries caused by a third party’s negligent actions, such as a local council failing to address documented tripping hazards within a reasonable timeframe.
In the UK, local authorities and parties in control of public spaces like retail parks have a legal obligation to keep walkways, such as pavements, reasonably safe for traffic. If there is a failure to do so that results in an injury, there may be grounds to claim compensation.
If you believe you can make a pavement accident claim based on the details of your situation, get in touch today.
Who Can Claim For A Pavement Injury?
Anyone who can prove that they were owed a duty of care which was breached and this resulted in their injury can claim for a pavement injury. The eligibility criteria for making pavement accident claims are detailed below:
You Were Owed A Duty Of Care
This refers to the legal obligation of specific parties to protect the safety of others. In the context of pavements, this duty is primarily governed by 2 pieces of legislation:
- Highways Act 1980: Section 41 requires the local highway authority, usually the council, to keep public pavements in a condition that is reasonably passable. They should have a reasonable system in place for inspecting and maintaining pavements, and must repair actionable defects in a timely manner, such as uneven or broken slabs. While this is not a guarantee of absolute safety, it does mean that traffic should be able to use a pavement without its state causing danger.
- Occupiers’ Liability Act 1957: While most pavements are managed by local authorities, some are not. These can include pavements found on retail park sites, industrial parks, and managed private developments. In these instances, those in control of such public spaces are referred to as occupiers and must use practical measures to keep visitors reasonably safe.
This Duty of Care Was Breached
The next requirement is to show that the responsible party breached its duty of care by failing to meet its legal obligations. For example, a breach might occur if an actionable defect goes undetected because the local council lacks a reasonable inspection system to maintain pavements. A breach could also occur if the occupier of a retail park fails to post warning signs alerting pedestrians to damaged pavement slabs.
The Breach Resulted In You Suffering An Injury
Finally, the breach of duty must have caused your injury in the pavement accident. These types of incidents often result in broken bones and dislocations, but you can claim compensation for any physical and psychological harm that you suffered.
To find out whether you can claim for a pavement injury, give one of our friendly advisors a call today.
Pavement Accident Compensation Claim Examples
There are many scenarios in which a pavement accident can occur due to someone else’s negligence, including potholes and raised or broken slabs. Some examples are discussed below:
- Raised paving slabs – While walking home one night, you trip on a raised pavement slab that has shifted due to long-term council neglect. The fall causes you to break your ankle, leaving you with long-term stability issues.
- Potholes – A pothole has been left unrepaired for several months on the footpath of a garden in an industrial park. Site management was well aware of the issue, but made no effort to repair the defect or post warning signs. You fall due to this failure, sustaining a severe leg injury and developing long-term anxiety from your experience.
- Debris or obstructions – Despite advanced warning about severe weather, a busy walkway in a retail park was not gritted or cleared of black ice. This leads to you slipping and hitting your head, resulting in a concussion.
- Poor lighting – A busy pavement in town has several broken lampposts, making it hard to see any tripping hazards in the dead of night. As a result, you trip on the kerb while heading home from work, breaking your foot and injuring your back.
- Temporary pavement repairs – A pavement is being repaved, but the repair team do not establish a clearly signposted diversion for pedestrians. This forces you to walk across loose paving, causing you to subsequently fall and suffer a serious leg fracture.
If your circumstances sound similar to the examples above, contact us today to explore your options for claiming.
What Are Some Injuries Caused By Pavement Accidents?
Soft tissue damage, head trauma, and fractured bones are some common injuries caused by pavement accidents. Other injuries, which can vary widely in severity, include:
- Brain damage
- Surface injuries, such as lacerations
- Sprains and strains, often affecting the ankle and neck
- Slipped or herniated discs
- Skeletal injuries to the face, such as broken teeth
- Damage to ligaments and tendons
In addition, pavement accidents can result in serious psychological harm, ranging from anxiety to post-traumatic stress disorder (PTSD). You can discuss the injuries you sustained because of a pavement accident by calling one of our advisors today.
How Much Pavement Injury Compensation Can I Claim?
The amount of pavement injury compensation you can claim will depend on the extent and severity of harm suffered, how this affects your quality of life, and whether you have incurred financial losses because of it. General damages will compensate you for the pain and suffering that you have endured, and your solicitor may calculate this head of claim by referring to the Judicial College Guidelines (JCG). This publication provides suggested compensation brackets for different injuries and provides notes on factors considered that influence them.
The table below lists several guideline brackets, with the exception of the first figure. Since the JCG’s brackets are purely suggestive, please keep in mind that this table cannot guarantee how much compensation you might receive for the injuries you sustained in the pavement accident. Your solicitor will come to a decision based on the specific details of your claim.
| Injury and Severity | Guideline | Notes |
|---|---|---|
| Multiple Serious Injuries | Up to £1,000,000+ | Where the injured person has sustained multiple serious injuries with considerable special damages, such as loss of earnings, travel costs and medical expenses. |
| Very Severe Brain/Head Injury | £344,150 - £493,000 | Level of compensation influenced by extent of any insight and physical limitation. |
| Less Severe Brain/Head Injury | £18,700 - £52,550 | Concentration and memory affected but person would have made a good recovery and will be able to take part in a normal social life. |
| Severe (iii) Back Injury | £47,320 - £85,100 | Disc lesions or fractures of discs or soft tissue injuries leading to chronic conditions, such as continuing severe pain and discomfort. |
| Moderate (ii) Back Injury | £15,260 - £33,880 | Disturbance of ligaments and muscles leading to backache and soft tissue injuries causing prolonged acceleration of a pre-existing back condition. |
| Injuries That Result in Permanent, Substantial Disablement | £47,810 - £73,050 | Significant cosmetic or permanent residual disability from serious fractures impacting 1 or both forearms. |
| Severe (iii) Pelvis and Hip Injury | £47,810 - £64,070 | Fracture of the acetabulum resulting in leg instability and the likelihood of hip replacement surgery in the future. |
| Moderate (i) Neck Injury | £30,500 - £46,970 | Fractures or dislocations that cause immediate symptoms that are severe or serious soft tissue damage affecting the neck and back combined. |
| Less Serious (i) Leg Injury, Serious Soft Tissue Damage or Fractures Where There Is An Incomplete Recovery | £21,920 - £33,880 | Fracture injuries in which the victim will have made a reasonable recovery but left with a metal implant, limp or impaired mobility. |
| Moderate Ankle Injury | £16,770 - £32,450 | Fractures and ligamentous tears which give rise to less serious disabilities like difficulty walking for a long period of time. |
| Serious Shoulder Injury | £15,580 - £23,430 | Dislocation of the shoulder with damage to lower brachial plexus, causing pain in shoulder and neck and grip weakness |
| Loss of or Serious Damage to Teeth (i) | £10,660 - £13,930 | Affecting several front teeth. |
Can Pavement Accident Claims Compensate For Other Losses?
Yes, pavement accident claims can compensate for other losses, specifically the financial costs of an injury. These losses are covered by special damages, a head of claim that can account for:
- Medical expenses for painkillers and private treatments, such as those from orthopaedic consultants.
- Wheelchairs or other essential equipment.
- The cost of travelling to and from medical appointments.
- Hiring carers or cleaners, as well as gratuitous support from family.
- Adjustments made to your home, such as railings and stairlifts, if the injury you suffered in the pavement accident affected your mobility.
- Loss of earnings, extending to any future impact on income.
You will need proof to claim for such losses, which typically relies on receipts, bank statements, and payslips.
To discuss pavement accident compensation in more detail, contact one of our advisors today.
4.8How Can I Bring A Claim For Injuries Caused By Pavements?
You can bring a claim for injuries caused by pavements by compiling evidence of third-party negligence and meeting the legal deadline. The steps detailed below will help you start the process:
- Get immediate medical help – Even if you do not have any visible symptoms, it’s important to get checked over after a pavement accident. Your health is a priority, and prompt medical care gives you the best chance at recovering. This will, in turn, provide an official medical record that can be used to support a claim.
- Document the defect – Taking photographs of the pavement where you were injured can show its condition and the cause of your injuries. Use a ruler (or something similar) to scale the depth or height of the defect. More examples of evidence are given in our evidence needed for a personal injury claim guide.
- Report the pavement accident – This typically involves contacting the local authority responsible for the pavement. However, if the incident occurred in a retail or industrial park, you should inform the occupier so that they can record what happened in an accident book report.
- Keep notes about your injury and losses – Note every payment made, keep financial documents, and jot down any worsening of symptoms following the pavement accident.
- Get legal advice – A personal injury solicitor specialist in public liability claims can help you navigate the claims process and gather evidence of negligence on the part of an occupier or council.
- Check you are within the legal time limit – You usually have 3 years to begin a claim, dated from when the pavement accident occurred. This deadline does not always apply immediately; you can learn why by reading our guide to the limitation period.
For tailored advice on what next steps to take with your claim, call an advisor today.
Claiming For Pavement Injury Compensation With Accident Claims
Claiming for pavement injury compensation with Accident Claims gives you the opportunity to be represented by an expert personal injury solicitor who will place your interests at the heart of their work. We aim to provide a supportive, stress-free environment so that all our clients can navigate the claims process with confidence.
Why Choose Our Solicitors To Claim For A Pavement Accident
You should choose our solicitors to claim for a pavement accident because they apply their years of combined experience and knowledge of personal injury law to every case they handle. Here at Accident Claims, we firmly believe that the service our clients get should be built around their unique needs. No two pavement accidents are ever alike, and the same is true of how they affect those who are injured by them.
Our solicitors take a whole-person approach to representing clients, providing comprehensive support grounded in compassion and expertise. This service can include:
- Meticulously valuing your claim by thoroughly assessing your injuries and financial losses.
- Advising you on what evidence will best support your pavement accident claim, such as using photographs to demonstrate the scale of tripping hazards.
- Providing assistance with gathering supportive documentation, including collecting eyewitness statements from bystanders and others on your behalf.
- Connecting you with specialists who can support your rehabilitation and help manage the physical and psychological impact of being injured in a pavement accident.
- Handling all legal documents and keeping you updated on the progress of your claim via your chosen method of communication.
Can I Claim For Pavement Injuries On A No Win No Fee Basis?
Yes, you can claim for pavement injuries on a No Win No Fee basis with one of our solicitors at Accident Claims operating under the terms of a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement that benefits claimants by removing the need to pay upfront service fees for the work of a solicitor. These service fees are also not payable during the claims process or if you do not receive pavement injury compensation.
If your claim is successful, a ‘success fee’ will be deducted from your compensation by your solicitor. This is taken as a legally capped percentage, so you can be sure that the majority of your compensation will go to you.
Contact Accident Claims’ Solicitors To Get Started
To better understand what services our solicitors can offer and to see if you can pursue compensation after a pavement accident, speak with us today:
- Call us on 0800 073 8801
- Use our free live chat function
- Contact us by filling out your details on our online contact form
More Information
You may also find the guides below helpful:
- Learn how to claim for a damaged Achilles tendon
- Read about claiming for a fractured vertebrae
- Information on claiming compensation for bruised ribs
For further reading that may inform your claim, see below:
- See how to report a problem pavement in this government resource
- Learn about slipped discs via the NHS
- Find your local council on the government website
Thank you for reading our guide on pavement accident claims, and please reach out for tailored advice.