Pavement Accident Claims: Tripped or Fell on a Pavement That Wasn't Maintained
A pavement accident claim is a personal injury claim against the local council, or the business or landowner responsible for a pavement, for a trip, slip or fall caused by a defect they failed to find and repair; it turns on how dangerous the defect was and whether the council inspected the pavement properly, it must normally start within three years, and National Accident Support Line assesses whether you have a claim and refers it to a specialist solicitor with a callback within 2 minutes.
A raised paving slab is the most ordinary hazard in the country and one of the most common causes of a broken wrist. Councils have a legal duty to inspect and maintain pavements, and when they have not, the person injured can claim. These claims are contested, and the two rules that decide them are worth knowing before you start, because they are also the two things you can do something about on the day.
We'll call you back within 2 minutes with a straight answer on where you stand.
Who is responsible for a pavement accident
Public pavements and footpaths are the highway authority's responsibility, which in most places is the local council, under the Highways Act 1980. The council must inspect pavements on a regular schedule and repair defects within a reasonable time. A pavement outside a shop is still usually the council's, unless the shop's own forecourt caused the fall. A private road, a housing estate, a car park or a supermarket approach is the responsibility of whoever controls that land. A pavement dug up by a utility company and badly reinstated is the utility's. The claim is against the responsible body's insurer. If a vehicle mounted the pavement and hit you, the claim is against the driver’s insurer instead; see pedestrian accident claims and road traffic accident claims.
The two rules that decide pavement claims
The first is the size of the defect. Courts have long treated a raised or sunken edge of around an inch, about 25mm, as the point at which a pavement defect becomes dangerous. A trip on a smaller lip is a harder claim, though not an impossible one if the defect was unusually placed or the surrounding stretch was in poor repair. This is why photographing the defect with a coin, a ruler or a shoe for scale on the day matters more than any other single step.
The second is the council's inspection defence. Under section 58 of the Highways Act, a council that can show it inspected the pavement on a reasonable schedule, with a competent inspector, and had no reports of the defect, can avoid liability even where the defect was dangerous. Claims fail on this regularly. They succeed where the defect had clearly been there for months, had been reported before, or was part of an obviously broken stretch the inspection should have picked up. Reporting the defect to the council after your fall does two things: it dates it, and it gets it fixed for the next person.
What a pavement accident claim covers
The injury and its effect on your life. Lost earnings while you could not work. Treatment, physiotherapy and travel. Care from family while you recovered. Damaged clothing, glasses and belongings. Where the injury is lasting, a hip fracture for an older person for instance, the future care and losses that follow.
| Type of pavement defect | Who is usually responsible | What helps the claim |
|---|---|---|
| Raised, sunken or rocking paving slab | The council | Photo with something for scale; report it; neighbours who knew it was there |
| Pothole in the pavement | The council | Depth and width photographed; report reference |
| Loose or missing kerb | The council | Photo; where and how you fell |
| Missing or raised manhole or utility cover | The council or the utility | Photo of the cover's markings |
| Badly reinstated utility works | The utility company | Photo of the reinstatement and any markings |
| Ice or snow not gritted | Sometimes the council, often nobody | Councils grit priority routes only; a claim needs evidence the route was one |
| Tree root heave | The council | Photo of the root and the lift; how long the tree has been there |
We'll call you back within 2 minutes with a straight answer on where you stand.
The situations people describe to us
"I tripped outside my own house and broke my wrist"
The classic claim. Photograph the slab with a coin for scale, report it to the council through its website and keep the reference, and ask neighbours whether it had been reported before. All three help.
"The council says it inspected the pavement last year"
That is the section 58 defence, and it turns on whether the inspection was reasonable and whether the defect was there to be seen. A defect that had clearly been there a long time, or a stretch of pavement in poor repair generally, undermines it.
"It was icy"
Harder. Councils grit priority routes, not every pavement, and a claim needs to show the route was one they should have gritted or that they had gritted it badly. A specialist solicitor will say quickly whether it can run.
"The council repaired it the week after I fell"
Good and bad. Good because it shows the council accepted the defect was there; bad because the evidence is gone. This is why the photograph on the day is everything.
What to do after a pavement accident
Get the injury seen and recorded by a GP or A&E on the day. Photograph the defect from several angles with something for scale, and photograph the wider stretch of pavement. Note the exact location. Take the names and numbers of anyone who saw it. Report the defect to the council and keep the reference. Keep receipts and a note of every day off work. Then get in touch, because the three-year limit runs from the fall and pavements get repaired.
How a pavement accident claim works with National Accident Support Line
Tell us what happened, by the form, WhatsApp or a call to 0333 212 2730, and web enquiries are called back within 2 minutes during opening hours. We ask where it happened, how high the defect was, how long it had been there, whether it was reported and who saw it. If there is a claim, we refer it to a specialist public liability solicitor who runs it on a no win no fee basis. If there isn't, we tell you straight. NASL is an FCA-regulated claims management company, not a law firm. The injuries pavement falls cause are covered in our guide to common injuries from pavement accidents, falls on any surface on the slip, trip and fall page, and the wider picture on accident in a public place claims.
Frequently asked questions
Can I claim for tripping on a pavement?
Yes, where the defect was dangerous, usually a raised or sunken edge of around an inch or more, and the council failed to inspect and repair it reasonably.
Who do I claim against?
The local council for a public pavement, the landowner or business for a pavement they control, or the utility company for badly reinstated works.
How long do I have to claim?
Three years from the date of the fall in England and Wales. For a child, three years from their 18th birthday.
Does the defect have to be a certain size?
Courts treat around an inch, about 25mm, as the point where a defect becomes dangerous. Smaller defects can still succeed in some circumstances.
What if I didn't report it at the time?
You can still claim. Report it now, get the injury on your medical record if it isn't, and gather what evidence remains.
Can I claim for a fall on an icy pavement?
Sometimes. Councils only have to grit priority routes, so the claim needs evidence that the route was one they should have gritted.
What does no win no fee mean?
Nothing to pay upfront and nothing if the claim fails. If it succeeds, the solicitor's success fee, capped at 25% and agreed before the claim starts, comes out of the award.
We'll call you back within 2 minutes with a straight answer on where you stand.
National Accident Support Line Ltd is regulated by the Financial Conduct Authority in respect of regulated claims management activities, registration number 829991.