Most of us don’t pay much mind to walking along pavements when we’re out shopping or with friends, and certainly don’t think that we are at serious risk of injury from a fall. Unfortunately, when pavement tripping hazards are caused by a local authority or a private business, they can lead to injuries with lasting impacts far beyond the initial accident. The physical and emotional toll this can have is often significant, especially when an injury leaves you unable to work and out of pocket. If your slip or trip was the result of a broken paving slab or damaged kerb that the local authority failed to repair within a reasonable timeframe, you may be able to claim pavement trip compensation for your injury and subsequent financial effects, including private treatments, lost earnings, and rehabilitation costs.
At No Win No Fee Lawyers Direct, our team of advisors operate a 24/7 service so you can find out if you have a valid claim whenever it is convenient for you. If you decide to proceed, you can be connected with one of the dedicated solicitors making up our panel. They have many years of experience and offer a wide range of services and support, including helping you gather evidence, negotiating on your behalf, and determining a potential compensation figure. Whatever support you need, you can rest assured that they will prioritise your needs and do all they can to help you stay focused on your recovery.
Whether you want to know more about the claims process or are looking to get started with a claim right away, help is only a phone call away. Talk to our advisory team today using the contact information provided here:
- Call us on 020 8050 4194.
- Click our live chat button.
- Or, contact us online today.
Browse This Page
- How Much Pavement Trip Compensation Can I Claim?
- What Factors Determine The Value Of A Pavement Trip Claim?
- Can Pavement Trip Compensation Cover Other Losses?
- What Is The Legal Trip Hazard Limit In The UK?
- Can I Claim Compensation For Tripping Over A Pavement?
- How Might A Trip On Pavement Result From Negligence?
- What Should I Do After Tripping On Pavement?
- How Long Will I Have To Claim Pavement Trip Compensation?
- No Win No Fee Compensation Claims With No Win No Fee Lawyers Direct
- More Information
How Much Pavement Trip Compensation Can I Claim?
Generally, how much pavement trip compensation you can claim will be determined by the nature of your injuries and whether they have affected you financially. Tripping over a broken paving slab or damaged kerb has the potential to have severe consequences, particularly if you hit your head in the fall. That can not only require long-term medical care, but also leave you out of work and facing financial loss.
There are 2 heads of claim under which compensation may be awarded to those injured by tripping over a damaged pavement:
- The actual injuries caused, as well as any emotional distress, will be compensated under general damages
- Any associated financial losses can be reimbursed as part of special damages. We’ll cover this in more detail further down the page.
Our panel of solicitors can, when determining a compensation figure, refer to any medical evidence you provide alongside the Judicial College Guidelines (JCG). This publication sets out compensation guidelines for various injury types, and we’ve used a selection of them to create the table here. We should emphasise that these brackets are intended as guidance only, as a number of different factors influence personal injury payouts.
Compensation Table
Please be aware that the first entry was not taken from the JCG
Type of Injury Guideline Notes
Multiple Very Serious Injuries with Special Damages Up to £500,000+ The injured person will have suffered very serious injuries as well as significant special damages such as lost pay, care costs and medical expenses.
Injuries Involving Brain Damage - Moderate (c)(ii) £110,720 to £183,190 Moderate to modest deficit of intellect with a greatly reduced ability to undertake work
Injuries Involving Brain Damage - Moderate (c)(iii) £52,550 to £110,720 Brain damage that affects both concentration and memory, reducing capacity to work with a small epilepsy risk.
Severe Leg Injuries - Severe (ii) Very Serious £66,920 to £109,290 Permanent mobility issues, requiring crutches or other walking aids.
Severe Leg Injuries - Severe (iii) Serious £47,840 to £66,920 Serious comminuted or compound fractures, damage to joints or ligaments leading to instability and a lengthy period of non-weight-bearing.
Knee Injuries - Severe (a)(i) £85,100 to £117,410 Joint disruption, severe ligament damage and considerable pain and loss of function.
Knee Injuries - Moderate (b)(i) £18,110 to £31,960 Dislocations, torn cartilage and meniscus resulting in minor instability or weakness.
Ankle Injuries - Severe (b) £38,210 to £61,090 Extensive treatment periods, or lengthy time in plaster where the joint has been pinned or plated leading to significant residual disability.
Ankle Injuries - Moderate (c) £16,770 to £32,450 Fractures, torn ligaments and similar injuries giving rise to less serious disability such as difficulty standing for long periods or walking on uneven ground.
Achilles Tendon - Moderate (c) £15,370 to £25,710 A partial rupture or significant injury to the Achilles tendon.
For further information on how awards are calculated in personal injury claims, speak to our advisors today.
What Factors Determine The Value Of A Pavement Trip Claim?
Several factors determine the value of a pavement trip claim, including the severity of the injury, psychological distress, and the overall effect on daily life. These factors are given consideration by solicitors when calculating general damages for your claim. More detailed examples are given here:
- The type of injury and its severity will be the primary factors influencing how much compensation you could receive for your injuries. The more serious the harm, the higher its value will be.
- Any psychological distress caused by the injury will be considered.
- Loss of amenity relates to the impact an injury has on quality of life. If your injuries prevent you from undertaking social or leisure activities, such as sports, in the same way you did pre-accident, you can be compensated for this.
- As we’ll explore below, the financial harm caused by your injuries will also play a big part in determining a potential compensation figure.
Other factors may be relevant to your personal circumstances, so it’s always worth seeking advice. Talk to our advisors today using the contact information given below to learn more about starting a claim for your injuries.
Can Pavement Trip Compensation Cover Other Losses?
Yes, pavement trip compensation can cover other losses, namely, any financial harm resulting from an injury. These losses are compensated under special damages, and payments can cover a wide range of different costs. We should point out that this head of claim covers both future losses and those already incurred. What this means is that it is often the case that special damages payouts are significantly higher than corresponding general damages.
Examples of costs you could be reimbursed for include:
- Lost wages.
- Any loss of future earnings.
- Medical expenses for private treatments and prescriptions.
- Domestic care and support.
- Accessibility modifications to your home.
- Transportation costs related to your injury.
Evidence of these losses, such as your payslips, purchase receipts, travel tickets, and any bills for home installations, will need to be provided to claim special damages. Make sure you keep any relevant documentation that shows the losses incurred.
While we have aimed to be as thorough as possible, this section is intended to serve as guidance only. To get a more personalised idea of how your potential claim might be valued, get in touch with our advisors today.
What Is The Legal Trip Hazard Limit In The UK?
The short answer is that there isn’t a legal trip hazard limit in the UK, but the general guideline is typically 2.5cm (1 inch) when considering a personal injury claim. This height difference applies above or below the ground, and covers both potholes on roads and pavement defects. The key is to show that the pavement defect posed a danger and that tripping over it was the reason you were injured.
This is why it’s important to gather supporting evidence and show that the issue with the pavement presented a genuine risk to pedestrians. We’ll examine what evidence you can use further down. For more information on claiming pavement trip compensation, speak to a member of our advisory team today.
Can I Claim Compensation For Tripping Over A Pavement?
Yes, you could claim compensation for tripping over a pavement if it can be shown that a third party, such as a local authority or private business, failed to keep the pavement in a good state of repair, resulting in you being injured. Those who are in control of publicly accessible spaces are known as occupiers and must take practical steps to ensure the reasonable safety of visitors to those areas. This is a legal responsibility, known as a duty of care, enshrined by the Occupiers’ Liability Act 1957.
In summary, the eligibility criteria for pursuing public liability claims are:
- You were owed a duty of care by the local authority or other occupier.
- There was a breach of duty by way of failure to maintain the pavement.
- You tripped on the broken pavement and suffered injuries.
You can get a free eligibility check by speaking with our advisors via the contact information given below.
How Might A Trip On Pavement Result From Negligence?
A trip on a pavement might result from negligence if a local authority or another responsible party fails to take reasonable care of footways to make them free of hazardous defects, for example, by failing to conduct regular inspections or to respond to reports of damage in a timely manner. This responsibility is established by Section 41 of the Highways Act 1980. Once such parties are made aware of a tripping hazard, they should investigate the defect, cordon off the area to prevent falls, and arrange repairs as soon as possible.
Occupiers can also post warning signs to further direct foot traffic away from the damaged pavement. If such measures are not put in place and the hazard is ignored, potentially serious injuries can result, creating grounds to claim compensation. You can discuss your personal circumstances by chatting with one of our advisors today.
What Should I Do After Tripping On Pavement?
After tripping on the pavement, you should seek proper medical help, call an ambulance if necessary, and then set about gathering enough evidence to support your account of events. Someone else can help you if your injuries prevent you from getting the evidence yourself, and if you’re eligible to work with a solicitor from our panel, then they can provide support too.
Examples of evidence that could be used when seeking pavement trip compensation include:
- Medical evidence, such as copies of test results or any scans that were performed.
- Photographs of the pavement, your injuries, and the surrounding area. Use a ruler or other measuring tool to illustrate the dimensions of the defect, such as a raised slab.
- If available, you can request CCTV footage of the accident or a copy of any dashcam footage if a device recorded what happened.
- Other pedestrians and motorists could provide statements to your solicitor, so make sure you get the contact information of witnesses who can be interviewed during the claim.
Further guidance on how you can prove a pavement posed a hazard to you and other pedestrians can be sought from our advisors.
How Long Will I Have To Claim Pavement Trip Compensation?
Generally, you will have 3 years from the date of the accident to claim pavement trip compensation. This time limit is established by the Limitation Act 1980. Now, there are exceptions to the general limit that can apply. These are:
- Children: Injured minors cannot direct their own claim, so the 3 years are instead counted from the day they turn 18. This therefore gives a child until age 21 to start any legal action.
- Persons without sufficient mental capacity: Mentally incapacitated adults are also unable to claim by themselves. In these instances, the 3-year time limit is halted indefinitely. If, however, there is a sufficient recovery, the limitation period is counted from this date.
To get any potential claims in the above scenarios off the ground as soon as possible, a suitable adult may apply to act as a litigation friend during any pause of the time limit. Litigation friends have the power to direct the proceedings on behalf of another person in their best interests. While it is common to see parents or guardians act as litigation friends, any adult who meets the suitability requirements could fulfil this role.
For further information on the time limits or to learn more about claiming on behalf of another person, get in touch with us using the contact details below.
No Win No Fee Compensation Claims With No Win No Fee Lawyers Direct
Starting No Win No Fee compensation claims with No Win No Fee Lawyers Direct is as simple as picking up the phone. Our dedicated advisory team are here to offer further guidance and tell you within a few minutes if you’re eligible to claim pavement trip compensation.
Once an advisor confirms the validity of your claim, you’ll be connected with a specialist public liability solicitor from our expert panel. The solicitors we work with all boast many years of experience in their areas of practice and have long records of successful claims.
Here are just a few of the services they can provide and ways they can help you to seek pavement trip compensation:
- Making sure you receive any necessary medical care, rehabilitation or other treatments with referral to the relevant medical professionals.
- Assisting you with evidence collection.
- Determining a total value for your injuries.
- Keeping you informed of how your claim is progressing and explaining any technical language you encounter.
- Negotiating a settlement with the defendant’s representatives.
Our panel offer eligible claimants their expert services under a Conditional Fee Agreement (CFA). Through this agreement, you won’t be paying your solicitor any service fees at the start of, or during the claims process. There will also be no service fee charged if the claim is lost.
If the claim is won, a success fee will be paid out of your compensation to the solicitor. The percentage solicitors can charge for a success fee is capped at 25% by The Conditional Fee Agreements Order 2013, so the advantage lies firmly with the claimant throughout the duration of their claim.
Contact Our Advisors
You can reach our advisors at any time to discuss your potential claim further and get a free eligibility check. We know there’s a lot of information here, so you probably have a lot of questions. Talk to our advisory team today using the following contact information:
- Call us on 020 8050 4194.
- Click the live chat button at the bottom of your screen.
- Or, contact us online today.
More Information
These external resources have been included for additional information:
- You can report a problem with a pavement using this government portal.
- Read the NHS guidance on falls on their website.
- The Royal Society for the Prevention of Accidents (RoSPA) maintains an ongoing campaign for falls prevention, which you can view here.
Thank you for reading our guide to claiming pavement trip compensation.