By Jo Anderson. Last Updated 1st November 2023. This is a guide on pavement accident claims. It discusses whether you could be eligible to seek personal injury compensation if you tripped and fell on an uneven pavement.
Additionally, we explore the process involved in making a pavement injury claim, such as the evidence you could gather to support your case, and how settlements awarded following a successful claim may be calculated.
Furthermore, we provide examples of how an accident causing injury could occur due to a breach of duty owed to you by a third party.
Finally, we examine the benefits of working with a solicitor who has experience with pavement accident compensation claims on a No Win No Fee basis.
To learn more, you can contact our advisors. They can offer free advice and answer any questions you might have after reading our guide. You can reach them in the following ways:
Select a Section
- When Could I Make A Pavement Trip Claim?
- How Long Do I Have To Claim For A Pavement Accident Injury?
- Examples Of How A Pavement Tripping Accident Could Occur
- How Much Compensation Could You Receive For A Pavement Accident?
- What Evidence Do I Need To Claim For A Pavement Accident?
- The Benefit of No Win No Fee Pavement Accident Compensation Claims
While you are using a public space, you are owed a duty of care by the party in control of that space (the occupier). Per the Occupier’s Liability Act 1957, they must take all the necessary steps to ensure your reasonable safety while you are using that space for its intended purpose.
If you tripped and fell on uneven pavement, you may be wondering whether you could be eligible to receive compensation. In order to have a valid pavement trip claim, you must prove:
- You were owed a duty of care.
- This duty was breached.
- Due to this breach, you suffered an injury.
To check the eligibility of your case or to ask any questions you may have about pavement accident claims, you can contact our team of advisors.
If you tripped and fell on an uneven pavement and you were eligible to claim compensation, you should keep in mind that there is a time limit within which you can start your personal injury claim. As per the Limitation Act 1980, you would typically have three years from the accident date to file your pavement injury claim.
However, there are some instances where the limitation period might differ. For example, if a child is injured in a pavement accident, they can only claim for themselves once they reach 18. The limitation period would therefore pause until their 18th birthday, and they would have three years to file their claim from the date they turn 18.
However, a responsible adult could claim on the child’s behalf instead during the pause. They would need to apply to be a litigation friend to do so.
Similar exceptions could apply to those who lack the mental capacity to start their own claim.
To learn more about time limits for pavement accident compensation claims, and the other exceptions that could apply, why not speak to an advisor. They could check your eligibility to claim and advise you of your options.
The causes of trips on pavements are many and varied. These are just a few hazards that we have come across that have contributed to pavement accident claims;
- Weather – inclement weather, from lashing rain to ice and snow, impact on the pavement materials. This leads to potholes and uneven ground that can contribute to someone falling. This may lead to compensation for falling down a pothole. Likewise, we also work with people to make pavement accident claims after slippery on icy pavements too, a situation that has led to many people suffering injuries such as broken bones.
- Poorly lit areas – it is also possible that poor lighting led to your trip. In some areas, lighting is essential, especially if you felt you had no other course of action but to take that route. Stumbling about in the darkness on an uneven pavement that led to a trip and injuries could be the basis of a pavement accident compensation claim. Councils and businesses responsible for maintenance on their own land must ensure that it is safe to use, including providing there is adequate light for when it is dark.
- Poor maintenance – a local authority, council or private business has a duty of care to ensure that pavements and car parks etc., are well maintained and safe for the public. There are cases that due to budgetary constraints, maintenance work was not carried out. However, if there was no action taken to alert you of the hazards and risk, and you fell, hurting yourself, you could have a compensation claim. A dwindling maintenance budget is no defence!
Insecure pavement slabs, damage from rain or ice and so on, are all issues that local council maintenance teams and private landowners are expected to deal with promptly. Understandably, getting around to fixing the problem can take time, but they are expected to take action in the meantime. This could be in the shape of roping the area off or placing warning signs that are prominent or even shutting a part of the pavement until repairs are made.
If you’d like to talk about pavement accident claims with a specialist, please call our team today.
It is important to understand that the figures provided below as a guide to council compensation payment are not fixed amounts, but a guide to what you could be entitled to for your pavement accident claims. How much compensation for a fall differs wildly depends on several factors, including the nature of your injury or injuries, their severity, how they affect you now and their possible effect on you in the future. This is why if you’re looking at suing the council for damages, you should contact the professionals first.
|Hand Injury||£140,660 to £201,490||Loss of both hands||This can include where the hands are not lost but they are rendered useless.|
|Back Injuries||£91,090 to £160,980||Severe (a)(i)||Damage to nerve roots and causing extensive problems.|
|Back Injuries||£27,760 to £38,780||Moderate (b) (i)||A crush or compression fracture could feature here, with significant risk of osteoarthritis.|
|Post-Traumatic Stress Disorder||£59,860 to £100,670||Severe (a)||Where all parts of the injured party’s life are severely impacted.|
|Post-Traumatic Stress Disorder||£3,950 to £8,180||Less Severe (d)||With almost full recovery. Any residual symptoms would be minor.|
|Wrist injury||£47,620 to £59,860||Severe (a)||Where the function of the wrist is lost.|
|Shoulder Injuries||£19,200 to £48,030||Severe (a)||Could be associated with neck injuries and may involve damage to the brachial plexus.|
|Shoulder Injuries||£7,890 to £12,770||Moderate (c)||Frozen shoulder with pain and discomfort lasting around 2 years.|
Don’t forget, there is also pavement accident compensation relating to the loss of earnings, any care costs, travel costs and other expenses that can be attributed to the pavement accident. These are known as special damages.
Therefore, to help support your claim, we’d suggest taking the following steps if you fall because of a pavement defect:
- Report the accident. By doing so, you’ll be able to request a copy of the accident report that could be used to prove the date, time and location of when you suffered injuries from falling on uneven pavements.
- Ask witnesses to provide their contact details in case your solicitor requires a statement at a later date.
- Attend A&E to have your injuries treated. Your medical records could then help to prove the extent of your suffering.
- Take photographs of the pavement defect. Ideally use a tape measure or ruler in the photo to quantify its height.
- See if the area was covered by CCTV. If so, request a copy of any footage.
- Photograph any visible injuries and continue to do so throughout your recovery.
Armed with this type of evidence, you will find the pavement accident claims process is much easier. Please call today if you’d like us to review your evidence for you.
No Win No Fee means that there is no financial risk to you as you claim compensation.
Making pavement accident claims can be a lengthy process, taking many hours of research and legal argument to secure the financial settlement that you deserve. Some cases are not contested, as such, with the local council or private company admitting they were negligent in the maintenance and upkeep of the pavement or area where you tripped. But this isn’t always the case. And when this happens, we would need to pursue your case vigorously. This legal work can cost thousands of pounds.
Call us Today for Free Advice and to Start Your Pavement Accident Claim For Falling On Uneven Pavements
Have you tripped on a pavement? Have you been hurt due to a slip or a trip, or by falling on land owned by a council or local authority? Did this happen to you on privately owned land, such as a supermarket car park or walkway? If so, you could claim trip or fall compensation.
Contact us today on our 24 hours, 7 days a week helpline 0800 073 8801 to find out more or to start pavement accident claims with nothing to lose.
- Slip Trip Accident Compensation Claim Amounts
- What to do in the event of a fall
- First aid for a broken bone
- Useful information regarding trips at work
- Knee injury Guide
- Elbow Injury Guide
- Concussion Guide
- How Much Compensation For A Claim Against The Council Or Local Authority
We want to thank you for taking the time to read our guide on tripping on pavement accident claims. And we hope you have learned a lot about pavement accident compensation and whether you could claim for falling on uneven pavements.