What Is The Pavement Trip Hazard Height In The UK?
Welcome to our guide looking at the minimum pavement trip hazard height to make a claim. Have you been involved in a slip, trip or fall that left you injured? Did the accident happen because someone else breached their duty of care towards you? Are you unsure what the minimum height for a trip hazard needs to be in order for you to claim? If so, this guide could help.
How To Claim For Falling On Uneven Pavements
What Is The Pavement Trip Hazard Height In The UK? A Guide.
In order to claim compensation, you need to prove that someone else’s negligence was responsible for your accident and subsequent injuries. You also need to show that the trip hazard was sufficiently high that the negligence of the person in control can be held liable.
If you have any more questions after reading this guide, you can get in touch with our team. We can then connect you with our personal injury solicitors, one of whom could handle your claim.
If you do wish to speak to us, you have three methods by which you can do so by:
- Telephone 0800 073 8804;
- Using our live chat to speak to an advisor ASAP;
- Or leave a message on our online form.
You can also watch our video below which explains the key takeaways from our guide:
Select A Section
- A Guide On What Is The Pavement Trip Hazard Height In The UK?
- What Is A Pedestrian Injury Compensation Claim?
- Duty Of Care Under The Highways Act 1980
- How The Pavement Trip Hazard Height UK Is Assessed
- Suing The Council For Falling On Uneven Pavements
- Can You Claim Falling On Uneven Pavements If They Were Not Well Maintained?
- How Local Authorities Defend Against Highway Tripping Claims
- What Evidence Can Support Highway Tripping Claims?
- Pavement Trip Hazard Height In The UK Compensation Claims Calculator
- Special Damages Which Could Be Awarded In Highway Tripping Claims
- No Win No Fee Pedestrian Injury Compensation Claims
- Start A Highway Tripping Claim
- Essential References
- How Many Road Traffic Accident Victims Are Pedestrians?
- FAQs Pavement Trip Hazard Height In The UK
A Guide On What Is The Pavement Trip Hazard Height In The UK?
In this guide, we will cover a number of different points that you may find helpful if you’re considering making a claim. To begin with, we will look at what exactly a pedestrian injury compensation claim is. Furthermore, we’ll examine the duty of care that is owed to pedestrians while walking on the pavement.
This guide will also look at how a trip hazard height might be assessed. In addition to this, we will look at how you could make a claim against a liable party, for example, a local council.
We’ll then go on to look at the evidence you could provide to support your claim for compensation. Furthermore, we’ll look at the defence that a council or local authority could provide against a claim for compensation.
In addition to this, we will also examine the amount of compensation you could receive at the end of a successful claim. In addition to this, we will look at the kinds of damages your compensation could be made up of and how these are calculated.
Remember that you can speak to one of our advisors at any time to discuss your potential claim. If your claim has a good chance of success, you could be connected with one of our solicitors.
What Is A Pedestrian Injury Compensation Claim?
A personal injury claim is where someone who has been injured in an accident as the result of third-party negligence claims compensation from the person responsible. It aims to return them, as much as possible, to the position they were in before they were injured.
There are a number of different scenarios where you could claim personal injury compensation. For example, you could claim after being in a road traffic accident or an accident at work. However, this guide will focus on accidents in a public place. In particular, we will discuss claiming for injuries sustained while tripping on the pavement.
If you trip on the street and fall, this could cause a wide range of different injuries. Some of these might be considered relatively minor, such as scrapes and bruises. Others, however, can be serious. In some cases, they may even be life-changing.
For example, you may experience a fracture like a broken wrist or a fractured coccyx. In some cases, the fall might result in a blow to the head, resulting in a brain injury. An injury like this can have a severe permanent effect on your quality of life.
What Is The Pavement Trip Hazard Height In The UK?
There’s no legal threshold for what is considered a pavement trip hazard. However, local authorities will usually not consider claims for accidents caused by trip hazards of a depth of less than 1 inch (2.5cm).
If the pavement that you tripped and injured yourself on meets or exceeds this height, you could have valid grounds to make a compensation claim. Please speak to our claims team for further details.
Duty Of Care Under The Highways Act 1980
For your claim to succeed, you must prove negligence on the defendant’s part. To achieve this, you must produce evidence that:
- The defendant had a duty of care towards you
- This duty of care was breached
- The breach led to an accident that resulted in you being injured.
The Highway Act 1980 outlines the duty of care that the person in control of maintaining pavement has towards members of the public who use these spaces. It states that pavements need to be well maintained as much as is reasonably practicable.
If you’d like more information about claiming compensation for injuries you sustained in a pavement accident, speak to a member of our team today. Otherwise, you can read on for more information on how trip hazards are assessed.
How The Pavement Trip Hazard Height UK Is Assessed
As we have already mentioned, there’s no legal limit to what is considered a trip hazard on the pavement. However, claims for accidents caused by trip hazards of less than one inch will usually not be considered.
This is because, as part of the duty of care, the person in control of the area need to take all reasonably practicable steps to ensure the safety of the public. However, a trip hazard of less than one inch would not be considered enough of a hazard to warrant immediate repair.
However, if the trip hazard is an inch or higher and you’ve been injured, then you may be able to claim. The hazard should either be at least one inch above the level of the rest of the pavement or one inch below it.
Suing The Council For Falling On Uneven Pavements
When you make a claim for compensation, you need to show that the defendant breached their duty of care towards you, resulting in you being injured. For example, if you’re injured in an accident at work, you may pursue a compensation claim against your employer. For an accident on the road, you would claim against the insurance company of the driver who was at fault for the accident.
When you claim for injuries sustained when tripping on a public pavement, your claim will be made against the local council. This is because, according to the Highways Act 1980, they are responsible for maintaining all public roads, pavements and walkways within their boundaries.
However, there are some instances where your claim might not be made against the council. For example, if you tripped on paving that was in a shopping centre, then this may be controlled by the person responsible for the shopping centre.
If you’re unsure who you could claim against for an accident caused by a slip, trip or fall, speak to a member of our team today. Our advisors can offer you free legal advice about making a claim.
Can You Claim Falling On Uneven Pavements If They Were Not Well Maintained?
As part of the duty of care that a local authority has towards you, they need to repair any hazards. This includes large hazards, like a tree that has fallen down and is blocking the path.
However, they also have a responsibility to deal with smaller hazards. This can include things like wonky paving slabs that pose a trip hazard.
According to Well-managed Highway Infrastructure- A Code of Practice, councils and local authorities should take a risk-based approach to maintain highways. For this reason, the Code doesn’t outline any minimum standards but instead gives information about how an organisation can develop their own levels of services.
If there is a hazard that does not pose an obvious risk to safety, then it is unlikely that a local authority would be expected to repair it. This is why, generally, a council will not consider a claim that is made for an accident where the trip hazard was less than one inch. Because this did not pose an obvious risk to safety, the council is not in breach of its duty of care if it does not repair the pavement.
How Local Authorities Defend Against Highway Tripping Claims
There are a number of different ways that a local authority or council might defend against a claim for compensation for tripping over a pavement. For example, they might state that they included signs around the trip hazard to alert people passing of the danger. If you tripped despite the presence of such signs, you might not be able to claim.
In addition to this, the council might defend itself by claiming that they could not reasonably be expected to have identified the hazard. Furthermore, they might have been aware of the hazard but claim that it is unreasonable to expect them to repair it in the time between it being discovered and the accident happening.
In order to give you a better chance of claiming the compensation you deserve, you should gather evidence to support your claim. Read on to find out how you can do this. You can also contact us for more information about building a claim.
What Evidence Can Support Highway Tripping Claims?
There are a number of different ways that you can support your claim for compensation after a pavement accident. These include:
- Photographs. It would help if you took photographs of the accident scene and of a ruler against the trip hazard showing how high it is. You may also want to take photographs of your injuries as they heal.
- Medical records. If you’ve been involved in a slip accident, you should seek medical attention even if you don’t initially think you’re seriously injured. The records that this generates will support your claim for compensation.
- Witness details. If someone else saw your accident happen, you could ask them to provide their details. At a later date, they could be asked to provide statements to support your claim.
- CCTV footage. If the accident was caught on CCTV, you could use this to support your claim. You can request CCTV footage of yourself.
- Financial evidence. As well as compensation for your physical injuries, you could also claim for the financial harm that your injuries caused you. For this reason, you may find it useful to collect evidence like receipts and bills to show the amount you have spent.
If you would like any more guidance on the evidence that you could provide to support your claim, speak to a member of our team today. Or you can read on to find out more about how compensation is calculated.
Pavement Trip Hazard Height In The UK Compensation Claims Calculator
When you claim compensation for your injuries, your settlement might be made up of general and special damages. General damages compensate you for the injuries you have experienced, whereas special damages compensate you for the financial impact your injuries have had.
General damages are worked out with the help of a medical assessment with an independent expert. They’ll assess your injuries and compile their findings in a medical report. This report can be used alongside guideline compensation brackets from the Judicial College to help value your claim.
Below, we have included a table using the Judicial College Guidelines. Please bear in mind that these are not guaranteed compensation amounts.
| Injury | Severity | Compensation | Notes |
|---|---|---|---|
| Shoulder Injury | Serious | £11,980 to £18,020 | Where the shoulder has been dislocated and the brachial plexus damaged. The resulting symptoms could include weakened grip, limited movement in the affected limb and pain in the shoulder and neck. |
| Arm Injury | Serious | £36,770 to £56,180 | Fractures to one or both forearms causing disability that is permanent. |
| Elbow Injury | Moderate | Up to £11,820 | These injuries will be temporary and the injured person will make a full recovery. |
| Leg Injury | Less Serious (iii) | Up to £11,110 | A fracture or soft tissue injury that is uncomplicated. The injured person may experience some minor ongoing symtoms, for example a dull ache. |
| Wrist Injury | Minor | £3,310 to £4,450 | A non-displaced or minimally-displaced fracture to the wrist with a full recovery within a year. |
| Brain injury | Very severe | £264,650 to £379,100 | The injured person will not be able to respond meaningfully to their environment, will have little or no language function and will need nursing care full-time. |
| Brain injury | Moderate (ii) | £85,150 to £140,870 | There will be a moderate to modest impact on intellect and a great reduction in the ability to work. Some risk of epilepsy will be present. |
| Neck injuries | Moderate (i) | £23,460 to £36,120 | Injuries within these brackets will include things like fractures and dislocations. They may necessitate a spinal fusion. |
| Back injuries | Minor (ii) | £2,300 to £7,410 | The injured person will be fully recovered within 3 and 24 months. |
| Pelvis injuries | Moderate (i) | £2,300 to £7,410 | Where the injury is significant but there is no major permanent disability and no great risk of future damage. |
You can also use our compensation calculator to see how much your claim might be worth. Simply input the details of your accident, and you could be given a valuation of your claim in moments.
Special Damages Which Could Be Awarded In Highway Tripping Claims
Special damages are the part of your claim that can compensate you for any financial harm that your injuries have caused you. There are a number of different things that can be included in special damages. These include:
- Loss of earnings or future earnings. If you need to take time off work as you recover, you could be compensated for the impact this has on your wages.
- Travel costs. You could claim back the cost of travel to and from medical appointments.
- Medical/care costs. If you need treatment that you cannot get on the NHS, or your injuries are so severe that you need care while you recover, then you may be able to include this in your claim.
- The cost of plans you’re no longer able to commit to. For example, if you’re injured, and that means you’re no longer able to attend a holiday that you had booked, then you could claim the cost of this back.
Please speak to us for extra guidance on this area of your claim after being injured in an accident. Or, if you would like to know more about the minimum pavement trip hazard height, speak to our team today.
No Win No Fee Pedestrian Injury Compensation Claims
When you seek compensation for injuries that you have sustained because someone else was negligent, you may wish to seek legal representation. Doing so could help you get more money from your claim. On the other hand, you may be hesitant about doing so because of the legal costs typically associated with this. However, we could offer a solution.
A No Win No Fee agreement is a contract between you and your solicitor, and it sets out what needs to happen before they get paid. With an agreement like this, you won’t be asked to pay any upfront or ongoing fees. You also won’t pay anything if your case is unsuccessful.
The only time you will be asked to cover your solicitor’s fees is if they are successful in winning you compensation. Then, a legally capped success fee will be deducted from your compensation.
Please drop us a message to learn more about No Win No Fee agreements. One of our advisors could connect you with a No Win No Fee solicitor to work on your claim.
Start A Highway Tripping Claim
Remember that our advisors are on hand to assist you around the clock, providing 24/7 access whenever you require it. Also, you don’t have to move ahead with a claim purely because you’ve spoken with us; there’s no obligation to continue after your initial free consultation.
You can get in touch with us today for more information by:
- Calling our team on 0800 073 8804;
- Messaging on the online contact form;
- Or by contacting us on our Live Chat service.
Essential References
We appreciate you reading our guide about pedestrian accident claims. That being said, you may want more information. If that’s the case, we recommend that you check out the links below.
The Royal Society for the Prevention of Accidents (RoSPA) provides information on preventing accidents, including slips, trips and falls.
Should I visit A&E? This NHS guide can help you figure out where to go for medical attention.
This page from the government website provides advice on Statutory Sick Pay (SSP).
You may find our guide on pedestrian accident claims useful.
Read our guide, where we look at No Win No Fee agreements in greater detail.
For more guidance on how a slip, trip or fall solicitor could help, read this guide.
Other Guides You Can Check Out
- Gatwick Airport Accident Claims Guide
- Wedding Day Personal Injury Claims
- £23,000 Compensation For An Ankle Fracture
- £500,000 Compensation For Shoulder Impingement Syndrome Injury
- Kirkwall Airport Accident Claims Guide
- Allergic Reaction After Eating At Taco Bell – Can I Claim?
- Aberdeen International Airport Accident Claims Guide
- Jersey Airport Accident Claims Guide
- Allergic Reaction After Eating At Toby Carvery – Can I Claim?
How Many Road Traffic Accident Victims Are Pedestrians?
In Britain, during 2020, there were 115,584 road traffic accident injuries. Of these, 14,717 were pedestrians.
Please note that these statistics are not related to slips, trips or falls on the pavement. Instead, they’re related to pedestrians who were involved in road traffic accidents. However, these statistics do highlight the potential risks that are posed to pedestrians.
FAQs – Pavement Trip Hazard Height In The UK
What height constitutes a trip hazard in the UK?
A height of one inch, or 2.5 centimetres, is considered the minimum for a trip hazard worthy of potential legal action. This is not a legal limit, but a local authority will usually reject a claim based on a trip hazard of less than an inch.
What is considered a trip hazard in the UK?
A trip hazard could describe a paving stone that is not level with the rest of the stones on the path. It could also include things like potholes.
Is 5mm a trip hazard?
You can be injured after falling on a trip hazard of 5mm. However, the local council is unlikely to consider a claim for injuries caused by a hazard of less than 2.5 cm.
Thank you for reading our guide looking at the pavement trip hazard height.
Written by Armstrong
Edited by Stocks
