WHAT IS A PAVEMENT ACCIDENT CLAIM?
When a poorly maintained pavement causes your fall, the responsibility may not be yours.
A pavement accident claim is a personal injury claim brought when you trip, slip or fall because of a defective footpath — think raised or sunken paving slabs, deep cracks, potholes in the footway, or paving lifted by tree roots. Under the Highways Act 1980 (section 41), the local council has a legal duty to maintain the highway, and that includes the pavements you walk on every day.
The council can defend a claim under section 58 if it shows it had a reasonable system of inspection and repair in place — which is exactly why evidence matters so much. To get a feel for what your injury might be worth, try our personal injury compensation calculator, and read more about your rights after an accident in a public place. Compensation figures here are illustrative and depend on your individual circumstances.
What you can claim for
Pain and suffering
Compensation for the injury itself — from sprains and broken wrists to facial injuries and head trauma after a heavy fall.
Lost earnings
Money you've lost from time off work, plus future earnings if your injury keeps you off the job longer term.
Care and mobility
The cost of help at home, mobility aids, or adaptations you need while you recover.
Medical treatment
Physiotherapy, private treatment, prescriptions and any rehabilitation that helps you get back on your feet.
Travel costs
Reimbursement for taxis, fuel and parking for hospital visits and medical appointments tied to your injury.
Out-of-pocket expenses
Damaged clothing, glasses broken in the fall, and other reasonable costs you've had to cover yourself.
You may have a claim if…
Your fall happened on a public pavement, footpath or footway maintained by the council
The defect was significant — usually around 20–25mm (about an inch) deep or raised, though it depends on the circumstances
The accident happened within the last three years (different rules apply for children)
You suffered an injury, even a relatively minor one, as a result of the fall
How your claim works
01
Free consultation
Call us or request a callback. We'll listen to what happened and tell you honestly whether you have a claim — no pressure, no jargon.
02
We gather evidence
We obtain your photos, request the council's inspection and repair records, and arrange a medical report to confirm your injuries.
03
We build your claim
We notify the council, handle all the correspondence and negotiate firmly on your behalf to secure the right level of compensation.
04
You’re compensated
Most claims settle without ever reaching court. Once agreed, your compensation is paid and any No Win No Fee deduction is clearly explained upfront.
Pavement accident claim FAQs
Can I claim on a No Win No Fee basis?+
Yes. We run pavement accident claims under a No Win No Fee agreement, so there's nothing to pay upfront and no fee at all if your claim doesn't succeed. If you win, a success fee is deducted from your compensation — capped at 25% of certain damages for personal injury — and we'll explain every figure clearly before you sign.
How long do I have to make a pavement accident claim?+
In England and Wales you generally have three years from the date of your accident to start a claim. There are exceptions — for children the three years runs from their 18th birthday, and different rules can apply for those who lack mental capacity. It's always best to get advice early while the evidence is fresh.
What counts as a 'dangerous' defect?+
There's no fixed legal cut-off, but as a practical guide courts and councils often treat trip hazards of roughly 20–25mm (about an inch) or more as potentially actionable. That said, it always depends on the location and circumstances — a smaller defect outside a school or on a busy high street may still count. A solicitor should review the specific facts of your fall.
Who do I claim against?+
Usually the local council or highway authority responsible for maintaining that stretch of pavement. Occasionally a utility company or contractor who left the footway in a dangerous state after roadworks is liable instead. We'll identify the correct party for you.
What evidence do I need?+
Photograph the defect with something for scale — a coin, a ruler or your shoe — and note the exact location and date. Keep details of any witnesses, see a doctor about your injuries, and hold on to receipts for any costs. The stronger your evidence, the harder it is for the council to rely on its inspection defence.
How much compensation could I receive?+
It depends on the severity of your injury and your financial losses. A minor wrist sprain might be valued at a few thousand pounds, while a serious fracture or head injury can be worth considerably more. These figures are illustrative only — we'll give you a realistic estimate once we understand your case.
FREE CLAIM CHECK
See if you can claim in 60 seconds
