Most people who trip on an uneven or broken pavement walk away unscathed with nothing more than some possible mild embarrassment. However, some accidents result in more serious injuries, including fractures or broken bones, meaning the consequences are rather harder to brush off.
This can result in time off work, weeks in a cast, physiotherapy, and months before you are fully back to normal. The impact of an injury after a serious fall can significantly affect your life in ways you did not see coming.
What many people do not realise is that local councils have a legal duty to maintain the roads, pavements, and footpaths under their responsibility. When they fail to do that, and someone is injured as a result, it may be possible to make a claim for compensation.
Public Liability Claims – Who Is Responsible?
Your accident could involve everything from tripping over a raised paving stone on the street to slipping on a spillage in your local supermarket. While it will depend on the circumstances of your accident, if the property owner or local authority was negligent in keeping you safe, they may be held liable for any injuries or damages you incur.
In the event of an accident due to an uneven or broken pavement, upkeep is typically the responsibility of the local authority under the Highways Act 1980. The Act places a duty on highway authorities to maintain roads, pavements, and footpaths so they are safe for public use. While councils are not expected to fix every minor surface imperfection immediately, they are expected to identify defects significant enough to pose a genuine risk through regular inspections and repair them within a reasonable timeframe.
If those responsible have failed to do so and someone is injured, that failure can amount to a breach of their legal duty. If you can show that a significant pavement defect existed and that it caused your accident and injury, you may have a basis for a claim.
What Should You Do After the Accident?
What you do following an accident due to a broken pavement, or footpath can help support the strength of your claim. Where possible, we recommend the following steps below:
- Try to photograph the defect that caused your fall before it is repaired.
- If there were witnesses, ask them for their contact information.
- Report the incident to the local council in writing and keep a copy of that report.
- Seek medical attention. Your health comes first. Your medical records will also form an important part of the evidence in your case.
- Keep note of any out-of-pocket expenses due to the injury, such as loss of earnings, cost of medical treatments, or damage to personal property.
Do not feel deterred if you did not take these steps. A claim can often still be pursued. A personal injury solicitor can help gather evidence, request council inspection records, and identify whether the defect had been reported or identified before your accident.
What Our Clients Say – Real Case Example
“I broke my arm due to tripping over unlevel pavements. I enquired with Russell and Russell who I found extremely helpful. Rebecca Hodge and her team were excellent. Understanding, compassionate and caring. The process was made so easy due to the knowledge and expertise of all involved. Everything was explained clearly to me so there were no unexpected discrepancies. I could not have done this without them. I would have no hesitation in recommending Rebecca and Russell and Russell to anyone. Excellent service.” – Jackie.
How The Personal Injury People Can Help
Seeking legal advice from a specialist personal injury lawyer if you are considering making a claim is essential. Our highly skilled specialists at The Personal Injury People can help you understand your rights and guide you through the legal process. We handle pavement trip and public accident claims on a no-win-no-fee basis. We operate nationally, helping clients across England and Wales.
If you or a loved one has been injured due to an accident in public or due to an uneven or broken pavement, we can help you make a claim for compensation. Our team will assess your case for free, explain honestly whether you have a claim worth pursuing, and guide you through every step of the process.
We know that an injury that seems minor at first can turn out to have a lasting impact. Our job is to make sure that the compensation you receive properly reflects everything your accident has cost you, not just the immediate injury.
Contact The Personal Injury People
If you have been injured in an accident in a public place and would like to speak to a solicitor about making a claim, please contact The Personal Injury People.
Our highly experienced personal injury solicitors have extensive knowledge of public liability accident claims and will guide you through every stage of the process. We can also provide specialist advice if your accident happened while you were at work. Visit our accidents at work page for more information.
Please call 0800 731 7555 or email info@thepersonalinjurypeople.co.uk. Alternatively, fill in our contact form.
About Russell & Russell Solicitors
The Personal Injury People is a specialist personal injury site which is owned and operated by Russell & Russell Solicitors, an established law firm that has been providing legal advice since 1887.
Many of our solicitors have over 20 years’ experience handling personal injury claims, and the firm has secured the national Law Society’s legal practice quality mark, Lexcel. Lexcel was developed specifically for the legal profession. It is an optional, recognised accreditation scheme for law firms and in-house legal departments, ensuring that a practice meets high client care and business management standards.
Frequently Asked Questions
How much will it cost to make a claim?
Subject to a satisfactory Risk Assessment in respect of your case, we’ll enter into a No-Win-No-Fee Agreement. This is also known as a Conditional Fee Agreement.
If we enter into a no-win-no-fee arrangement (Conditional Fee Agreement), we’ll finance the case on your behalf. If your claim is won, we’ll restrict our fees payable by you, inclusive of VAT, to a maximum of 25% of the compensation you’re awarded. We’ll guarantee that you’ll receive at least 75% of the compensation awarded, subject to the following deductions:
- After the Event Insurance Premium
- Unrecovered disbursements
- Any fees incurred because of your breach of the Agreement
Further information in respect of the Conditional Fee Agreement will be provided within our client care documentation. You can also find more information about making a claim here: Making a Personal Injury Claim.
How long do I have to make a claim?
In the UK, there is a time limit set by law, which is known as the limitation period, and you need to follow it if you want to make a compensation claim for personal injury. Typically, this period is three years from the date of the injury or from when you realised that your injury was caused by negligence. However, there may be some exceptions, particularly in cases involving minors or people who lack mental capacity. Therefore, it is essential to seek legal advice as soon as possible.
Can my child claim compensation for an accident in public?
Under UK law, a child (anyone under the age of 18 and classed as a minor) is not permitted to take legal action themselves. Therefore, when a child is injured, they will be deemed too young to make a compensation claim. In these cases, they must be represented by a suitable and competent adult, known as a ‘litigation friend’. A ‘litigation friend’ can also help a vulnerable adult who lacks the capacity to make decisions for themselves. Read more about Children’s Personal Injury Claims.
This article is not intended to be taken as advice or acted upon, and information may have changed since publication.