Advice On Making A Pavement Accident Compensation Claim

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Could I Make A Pavement Accident Compensation Claim?

By Stephen Hudson. Last Updated 4th July 2024. In this guide, we cover what to do if you wish to claim compensation after tripping on pavement slabs. Pavement accidents are more common than you might think. In fact, they are a big part of our business as accident compensation claims specialists. So, if you have tripped on uneven pavement and wish to claim for your injuries, then this article should help you.

Many people who have injured themselves tripping on pavement or the public highway think of it merely as an accident – an unfortunate incident with nobody to blame. However, that is not always the case. And in those scenarios, you may have a viable claim for pavement accident compensation.

In many circumstances, a person, or more usually a public body such as a local government, council or local authority, may be responsible. However, on privately owned land, such as in a supermarket car park, a firm or company will often be the responsible party.

If you’ve decided to claim accident compensation, it may be beneficial to use legal assistance to make your claims process smoother. You can reach us in any of these ways:

Watch Our Video Explainer

If you’d like to learn more about claiming compensation for a pavement accident, why not watch our quick explainer video that offers all of the key information:

Select a Section:

  1. Am I Eligible To Claim After Tripping On The Pavement?
  2. How Much Compensation For Tripping On Pavement Can I Receive?
  3. How Long Do I Have To Claim For A Pavement Accident?
  4. What Are The Causes Of Pavement Accidents?
  5. No Win No Fee Pavement Tripping Accident Compensation Claims

Am I Eligible To Claim After Tripping On The Pavement?

The Occupiers’ Liability Act 1957 establishes that you are owed a duty of care while in a public space by the controller of that space. So, for instance, when you are using a pavement in a public area such as a street, the local council will owe you a duty of care while you’re in this space.

A controller of a public space must take necessary steps to ensure the reasonable safety of members of the public who use it. If a public space contains pavements, then the controller of that area will usually have to ensure the pavements receive regular maintenance checks as part of their duty. They should also ensure that any issues that have been reported to them regarding pavements must be fixed within a timely manner.

If you tripped and fell on an uneven pavement, you may be eligible to claim compensation from whichever party is responsible for it. In order to be eligible to make a pavement accident claim, you will need to establish the following with evidence:

  • A duty of care was owed to you.
  • This duty owed to you by another party was breached.
  • You suffered injuries in an accident because of this breach.

To learn more about the eligibility criteria for claiming or how much compensation for tripping on a pavement could be awarded, contact our team of advisors online or on the phone today.

How Much Compensation For Tripping On Pavement Can I Receive?

Compensation for pavement accident claims can include general and special damages. General damages are provided to cover for the pain and suffering caused by the injuries you’re claiming for.

Payouts for general damages vary on a case-by-case basis. To offer insight into how much compensation for tripping on a pavement may be provided, you can view the compensation payouts featured in the table below. These figures have been taken from the 17th edition of Judicial College guidelines (JCG), updated in 2024. This is a document many legal professionals will use when valuing general damages as it provides guideline compensation brackets for various injuries.

The table should be used as a guide only. The top entry does not also appear within the JCG.

Multiple Severe Injuries Plus Special DamagesUp to £1,000,000+
Brain damage - Very Severe£344,150 to £493,000
Brain damage - Moderate (i)£52,550 to £267,340
Back Injury - Severe (i)£111,150 to £196,450
Back Injury - Moderate (i)£33,880 to £47,320
Foot Injury - Very Severe
£102,470 to £133,810
Knee injuries
Severe (ii)
£63,610 to £85,100
Ankle injuries - Very Severe

£61,090 to £85,070
Leg injuries - Severe (iii) Serious£47,840 to £66,920
Wrist Injury - Significant permanent disability£29,900 to £47,810

Those eligible to claim general damages after tripping on a pavement could potentially also claim special damages in addition. Special damages can cover the financial losses or expenses that are directly related to your injuries. For example, if your injuries have forced you to take unpaid time off work, then you may be able to claim the loss of earnings as special damages.

Other losses you may be able to claim for include:

  • Travel expenses.
  • Medical costs.
  • Care expenses.

Providing a copy of your bank statements or any relevant invoices could help support your claim for special damages.

an image of pavement beside the road

How Long Do I Have To Claim For A Pavement Accident?

You may be wondering ‘what is the time limit for pavement accident claims?’. Personal injury claims must be started within the relevant time limit. According to the Limitation Act 1980, you generally have three years to start your claim. This can begin on the date of your injuries, but there are some exceptions.

For example, the time limit is frozen for those under the age of 18. While the time limit is frozen, a litigation friend can be appointed to start the claim on the child’s behalf. Otherwise, the time limit reinstates on their 18th birthday and runs until they turn 21.

Similarly, the time limit is indefinitely suspended for those who lack the mental capacity to make a claim for themselves. At any time while the time limit is suspended, an appointed litigation friend can start the claim on their behalf. If they recover the capacity to claim, then the time limit reinstates on the date of their recovery.

To find out if you could be within the time limit to make a trip on pavement claim, contact our team.

What Are The Causes Of Pavement Accidents?

You might be eligible to claim compensation if you suffered an injury when you tripped and fell on an uneven pavement. However, as we have already mentioned, you will need to demonstrate that you suffered your injuries as a result of a breach of someone else’s duty of care.

Here are a few examples of injuries that could result in pavement accident claims:

  • An ankle injury from tripping over an uneven pavement. 
  • Tree roots could raise the pavement, which can cause you to trip and fall, resulting in a knee injury
  • There could be loose or rocking paving slabs. These could cause you to lose your balance and result in a head injury
  • Missing manhole covers could cause a fall leading to a broken bone
  • Overflowing bins could result in a slip on litter, causing a broken wrist

If you would like to know how much compensation for tripping on pavement you could claim, speak with an advisor from our team.

A closeup view of a pavement with cobblestone tiles

No Win No Fee Pavement Tripping Accident Compensation Claims

If you tripped and fell on an uneven pavement and were injured as a result, one of our solicitors may be able to help you make a personal injury claim. Working with a solicitor can make the claims process seem less daunting, as they can help you gather evidence, offer more information on valuing compensation, and explain legal jargon. 

An additional benefit is that our solicitors work on a No Win No Fee basis. This means that they work under a Conditional Fee Agreement (CFA), under which your solicitor will start working on your claim without asking for a fee. Similarly, they won’t charge for their continued work, and you will not pay a fee if your claim fails.

If your pavement trip claim succeeds, then you will pay a success fee. The success fee is taken directly from your compensation as a percentage amount. However, this percentage is limited by a legal cap, which helps to make sure that you keep the larger share of compensation. 

Our advisors are here to help. When you get in touch, a member of our team can evaluate your claim for free. During this evaluation, they can assess the validity of your claim, answer any questions you may have, and potentially put you in touch with a solicitor. 

To get started, contact our team by:

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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