Could I Claim Compensation After Falling On Uneven Pavements?
Can you sue for falling on a defective pavement? To be able to make a personal injury claim for falling on uneven pavements your case must meet specific criteria. Throughout this guide, we shall provide you with information about what makes a person eligible to pursue a personal injury claim.
We are going to cover all the basic information relating to injuries caused by defective pavements. How these accidents happen, why, as well as who could be liable for damages. We will also cover financial aspects such as what damages can be claimed.
Before we delve into the guide, we need to explain its limitations. We can only cover the basics in this guide. There are an infinite number of factors that could affect your claim, and we cannot cover them all. Unfortunately, this means that after reading this guide, you still may have some unanswered questions. This is why we have made our claims line available 365 days a year, 24 hours a day. You can contact us and ask our advisors to help you with the answers you need. They will also explain to you at this time, how we can arrange for a lawyer to process your claim for you. You can get in touch with us by calling 0800 073 8804, or using our website contact form to reach us.
Select A Section:
- Introduction – What Is An Uneven Pavement?
- What Must I Prove For A Personal Injury Claim?
- Explaining Slips, Trips And Falls
- Falling On Uneven Pavements – Could I Claim?
- What Injuries Could I Suffer From A Fall?
- Could I Sue The Council After Falling On Uneven Pavements?
- How Often Do People Fall On Public Properties?
- First Steps Towards Filing A Claim After Falling On Uneven Pavements
- Which Factors Might Prevent Me From Claiming?
- What Is The Maximum Compensation That I Could Claim?
- Explaining General Damages And Special Damages
- What Is A No Win No Fee Agreement?
- Talk To Legal Expert To Start Your Personal Injury Claim
- More Information On Claiming Compensation After Falling On Uneven Pavements
Introduction – What Is An Uneven Pavement?
In the UK, we are lucky to have laws in place that are aimed at ensuring pavements are safe for public use. In general, our public pavements are safe and kept in good repair, limiting the risk of falling on uneven pavements.
Whether you are using a public pavement maintained by your local authority or walking on a private pavement inside a privately operated premise, you are owed a duty of care. This duty is often applied by legislation such as the Occupiers’ Liability Act 1957. This means that those in control of spaces the public can use for their intended purposes must be maintained so as not to cause avoidable injuries.
To make a valid claim for a trip, slip or fall injury caused by uneven pavements you would first need to show that you were owed a duty of care. So very often when we are in public a third party owes us a duty of care to keep us reasonably safe. If this duty is breached through negligence and causes an injury then you may be eligible to pursue a personal injury claim.
If you are unsure whether you fall on uneven ground makes you eligible to pursue a compensation claim why not call our claims team and have your case reviewed by our expert advisors. When they can see that your case may lead to a successful outcome they could connect you with a specialist personal injury solicitor.
Is There A Time Limit To Start A Claim?
If you intend to try claiming for an accident in a public place, such as falling on uneven pavements, you must start the claim within the time limit that applies. There is a general personal injury claims time limit of three years from the date of knowledge. By date of knowledge, we mean the date that you first became aware of the harm you have suffered. In the case of a pavement accident, this will likely be the date that the accident took place.
However, there are some factors that could have an impact on this three-year claims time limit. For example, if you were under the age of 18 when the accident took place. Or if you were sectioned under the Mental Health Act 1983 at the time. You might like to call and talk to our team of advisors to learn exactly which claims time limit will apply. Explain your circumstances to our team, and they will let you know.
What Must I Prove For A Personal Injury Claim?
If you intend to try and make a compensation claim for injuries caused by falling on uneven pavements, you must successfully prove how a third party who owed you a duty of care is liable for the accident which caused your injury.
It may not always be easy to see if your accident was caused by the negligence of a third party. So why not call our claims team. They will offer free legal advice in a consultation free of charge that carries no obligation. If you have gathered any evidence they will also offer to review this and advise on what steps you can take next.
Explaining Slips, Trips And Falls
Whether the pavement is part of the local council infrastructure or is part of a private company such as a supermarket the owner or controller has a duty to ensure they do not pose a risk to the health of the public. No public area is 100% safe and devoid of hazards but through risk assessments and routine inspections, dangerous hazards can be flagged and repaired.
If areas are allowed to fall into disrepair accidents leading to injuries can happen. Slips, trips and falls are common accidents as they can happen almost anywhere and to anyone.
Below, we have listed some examples of different types of slip, trip and fall accidents that can happen on a defective pavement:
- A curbstone has been laid poorly, meaning that the edge of the curbstone is higher than the pavement causing a tripping hazard.
- Poor maintenance leads to pavements becoming damaged in some way that causes a hazard. For example large cracks and sunken curbstones.
- Large potholes from poor maintenance routines.
Not all pavements are the responsibility of the council. That said each council will have their own criteria for eligibility. But if you have happened to fall and injure yourself on a pavement that is the council’s responsibility please call and speak to our advisors for more help.
Falling On Uneven Pavements – Could I Claim?
The key to successfully claiming for falling on uneven pavements is proving that a third party failed to follow laws related to pavement safety in some way. To be eligible to claim for a pavement defect accident the defect will need to be a certain height and meet specific measurements.
Whether you can make a valid claim for a pavement accident hinders on showing how those in control of the space failed to keep it as safe as can be reasonably expected. If the space had recently been inspected and no defect was identified then it may mean the issue is only new. In these cases, it would be difficult to prove that the occupier had failed to keep the space safe.
However, if it can be proven that the dangerous defective pavement had been causing an issue for some time but no repair had been carried out under these circumstances a claim is more likely to succeed.
Call our advisors and have your case reviewed. They will be able to view any images and measurements you have taken of the defective pavement and provide you with the next steps you could take.
What Injuries Could I Suffer From A Fall?
Falling on uneven pavements can cause a wide range of injuries. From almost trivial scratches and bruises, to in the worst case, death. The elderly are at significant risk of harm from even the most minor pavement accident. Especially those with medical conditions such as osteoporosis. Below, we have listed some of the types of injuries that a pavement accident may result in.
- Bruises, scrapes and grazes.
- NHS advises on bone fractures from simple hairline fractures to multiple non-union fractures.
- Soft tissue damage such as sprains and strains.
- Damage to ligaments and tendons.
- Head injuries and brain damage.
Could I Sue The Council After Falling On Uneven Pavements?
Is it possible to make compensation claims against local councils for falling on uneven pavements? As we have previously mentioned the council are not responsible for every pavement just those that are considered public walkways. Below, we have listed some of the types of locations where pavements are the responsibility of the local authority;
- Public pavements alongside the road.
- Public footpaths through pedestrian areas.
- Council operated car parks.
- Council premises such as your local town hall.
- Footpaths in parks and green spaces.
- Footpaths on the premises of council-run facilities such as your local library.
If you need to find out whether you have a valid claim or not, please call and talk to one of our advisors. They can help you with this and also accurately estimate what damages and compensation you may be eligible to claim for.
How Often Do People Fall On Public Properties?
We do not have statistics on the number of people injured falling on uneven pavements. However, we used some data from the Office of National Statistics (ONS) to create the graph you can see below.
First Steps Towards Filing A Claim After Falling On Uneven Pavements
By now, it should be clear that a primary requirement for making a claim for falling on uneven pavements, is proving liability. Therefore, we have listed below, some steps you could take prior to making a claim, that might help with this.
- Ensure that you have even the most minor injuries checked and treated by a medical professional. Not only does this ensure you get the healthcare you need, but it also documents the extent and cause of your injuries officially.
- If applicable, and safe to do so, take photographs or video of the cause of your accident. CCTV footage can also be used as evidence.
- If anyone saw the accident happen, ask for their contact details. You may need them to provide witness testimony during the claims process.
- Start to document any monetary loss that you have suffered due to the accident. Also, keep travel tickets, invoices, bills, receipts, etc.
- Reach out to our team of expert claim advisors. They will evaluate your claim for you, and tell you the best way to proceed.
Which Factors Might Prevent Me From Claiming?
When claiming for falling on uneven pavements you must prove liability. However, once this is done, you will need to show the type of injuries you suffered, and the level of impact they had on your life.
Therefore, as part of the process of making a claim, you will be required to go for a medical examination by an impartial doctor. The results of this examination will be submitted by your solicitor, to support your claim. It will prove the extent of your suffering. It will also show whether your life quality has been negatively impacted, either in the past or into the future.
What Is The Maximum Compensation That I Could Claim?
It is impossible to give an average payout for slip and fall accidents. Every claim for falling on uneven pavements is at least partially unique in some way. Either in the reason, you made your claim or the reasons for claiming different types of damages. However, we have provided the table below, which shows how generally, the more pain and suffering you go through, the higher the compensation payment. We based this table on guidelines that are produced by the Judicial College.
|Jaw fracture||Very serious||For example, multiple jaw fractures that will require an extended period of treatment. There would be significant pain, problems eating, and potentially long-term issues.||£28,610 to £42,730|
|Pelvis and hips||Moderate||For example, a bad injury to the hip or pelvis, but one that would heal fully and leave no ongoing health issues..||£24,950 to £36,770|
|Ankle||Very Severe||For example, catastrophic damage to the ankle such as a severe transmalleolar fracture combined with significant damage to the soft tissue.||£46,980 to £65,420|
|Toe||Amputation||For example, loss of all toes the amount will be dependant on whether the amputation was surgical or traumatic.||£34,270 to £52,620|
|Brain||Very Severe Brain Damage||For example little meaning response and 24 hour professional care.||£264,650 to £379,100|
|Facial Disfigurement||Very Severe Scarring||Very severe scarring that causes severe psychological effects.||£27,940 to £91,350|
|Hand Injuries||Serious Hand Injuries||Reduction of hand function by 50%||£27,220 to £58,100|
You could also use our personal injury compensation calculator to get a rough idea of the level of compensation that you could be entitled to. Another option is to have a solicitor value you claim for you accurately. We can organise this for you, just call and ask one of our claim advisors about this.
Explaining General Damages And Special Damages
If you win your compensation claim for falling on uneven pavements, you will have either been offered a settlement out of court, or awarded one in court. Either way, it is likely that this settlement will be made up of a number of different kinds of damages. These are broadly split into two types. Firstly, general damages, and secondly, special damages. We will look at each of these in their own section below.
An Overview Of General Damages
When we say general damages, we mean damages that all relate to some form of pain and suffering you went through. This could be past suffering, ongoing suffering, or suffering you are likely to encounter in the future. Below, we have listed some examples of the reasons to claim general damages.
- The pain, trauma and suffering that you faced at the time the accident happened.
- Additional pain and suffering caused by treatment.
- Permanent disabilities or long-term impairments.
- Post-traumatic stress disorder or other mental health issues such as anxiety or depression.
An Overview Of Special Damages
Special damages, apply to any form of monetary loss due to your injury. Additionally, it could also cover future losses that are predicted. Something to keep in mind though is that you have to prove the losses you wish to claim. This means providing documented proof. Below, we have listed some of the reasons why people claim special damages.
- Lowered income potential in the future. For example, if you currently work in a well-paid job that requires lots of walking, but following your accident, you will not be able to walk as much. Therefore, you are forced to take a lower-paid but less active job.
- Lost earnings. If you took time away from work to recover from your injuries and were not paid in full for the time you took off.
- Private medical fees. If you had to pay for some or all of the treatment you received yourself.
- Ad-hoc expenses. These could relate to your injuries, or to the claims process itself. For example, using a document courier service to send signed documents back to your solicitor.
- The cost of care. If, for example, you had to pay a nurse to come in and help care for you at home.
You may wish to learn what types of damages might be applicable for you to claim in your own circumstances. You can call and explain your situation to one of our claim advisors. They can then tell you what types of damages you could be able to claim for.
What Is A No Win No Fee Agreement?
When making claims for falling on uneven pavements, it may be a possibility to use a No Win No Fee solicitor to help you to make the claim. A No Win No Fee agreement is also known as a conditional fee agreement. This kind of fee structure enables you to hire a solicitor, without paying anything upfront. You would only pay your solicitor a fee when the claim has been won. If you would like some more information about how the No Win No Fee process works, please speak with one of our advisors.
Talk To Legal Expert To Start Your Personal Injury Claim
Have you been injured by falling on uneven pavements? Do you need some help and advice on making council compensation claims for your injuries? Then call and speak to one of our expert advisors to have your claim evaluated right away. They can help you to get your claim started right away. Use the contact details below to get in touch with us. Our team is waiting to help you.
Telephone: 0800 073 8804
Or use our web contact form.
More Information On Claiming Compensation After Falling On Uneven Pavements
Here are some links to other websites, that have more information that you might find of use.
And here are some links to other claims guides on our site, you may like to read over them.
Guide By Wheeler
Edited By Melissa.