A sudden fall on a public pavement can leave you with painful injuries and a lot of unanswered questions, especially when the accident wasn’t your fault.
If you’ve tripped on an uneven pavement or faulty kerb, you might be able to make a pavement trip claim for compensation. Local authorities have a legal duty to maintain public walkways and when they fail to do so, you shouldn’t have to suffer the consequences alone.
At Express Solicitors, we help people hold councils and local authorities accountable for poor maintenance. In this guide, we’ll explain who can claim, what counts as a defect, how to gather evidence and how our team can support you with a no win, no fee claim.
What makes a pavement defective?
Not every crack or wobble in a footpath will count as a trip hazard in legal terms, but many do. A pavement is generally considered defective if it has a raised or sunken area of around 1 inch (2.5cm) or more. That’s the rule of thumb used in many public liability claims, though each case depends on its circumstances. The most common examples of pavement defects include:
- Raised or rocking paving slabs
- Loose or broken kerbstones
- Deep cracks, potholes or worn edges
- Pavement erosion caused by tree roots or water damage
These hazards can easily catch a foot and cause a serious fall, especially for older people or those with reduced mobility.
However, not every uneven surface automatically qualifies for compensation. Councils are judged against national inspection and maintenance standards, and claims usually come down to whether the defect should have been spotted and repaired in time.
Is the council always responsible?
Councils and local authorities are legally responsible for maintaining public highways, including pavements, kerbs and footpaths, under the Highways Act 1980. But that doesn’t mean they’re automatically liable for every fall.
To make a successful pavement trip claim, you’ll need to show that the council failed in its duty of care. This is how liability is usually assessed:
| What councils must do | When they may be liable |
| Routine inspections: They must regularly inspect pavements for defects. | If inspections are missed or not carried out often enough. |
| Timely repairs: They must fix reported hazards within a reasonable timeframe. | If the defect was known but left unrepaired for too long. |
| Safe conditions: They must ensure walkways are reasonably safe for use. | If poor lighting, missing signs or other risks increase danger. |
In most cases, you’ll need to prove that the defect was serious enough to cause harm and that the council knew about it but failed to act.
Express Solicitors can help assess whether the council is likely to be held accountable in your case.
How can you prove who’s at fault in a pavement trip claim?
Evidence is important in order to make a strong pavement trip claim. The more details you can provide, the easier it is to show how the accident happened and why the council might be responsible. We recommend collecting the following evidence:
- Clear photos of the defect — Include a ruler, coin or object for scale.
- Time and date-stamped images — Ideally taken soon after the accident.
- Photos of your injuries — Bruises, cuts, swelling or medical devices used.
- Witness details — Names and contact information of anyone who saw the fall.
- Medical records — From your GP, A&E or hospital visits.
- A report to the council — If you informed them, keep a copy of the complaint.
Acting quickly is important. Pavements can be repaired soon after an accident and that can make it harder to prove what caused your fall.
If gathering evidence feels overwhelming, we can help. At Express Solicitors, we regularly assist clients in collecting the evidence needed to support their claim, so you’re never on your own.
What injuries can pavements cause?
A simple trip on a pavement can often cause serious, lasting injuries, particularly for older adults or people with pre-existing conditions. Here are the most common injuries:
- Fractured wrists, arms or hips from falling awkwardly
- Facial injuries like cuts, bruises or broken teeth
- Head trauma or concussion, especially if there’s no time to break the fall
- Anxiety or loss of confidence when walking outdoors
- Fear of leaving the home, especially after a traumatic fall
When you make a pavement trip claim, you may be able to seek compensation for:
- General damages — This covers the pain, suffering and impact on your quality of life.
- Special damages — This covers financial losses like medical bills, rehabilitation costs, travel expenses or loss of income.
Make a pavement injury claim with Express Solicitors
If you’ve been injured because of a faulty pavement, Express Solicitors can help you claim compensation from the responsible council or local authority.
We specialise in public liability claims, including those involving council pavement accident compensation. Our experienced team understands how these cases work and we know how to build a strong claim, even when councils deny fault. This is how the process typically works at Express:
- Free consultation — We’ll listen to what happened and advise if you have a case.
- Liability review — We investigate whether the council may be responsible.
- Evidence collation — Including site inspections, medical reports and more.
- Claim submission — We handle communication, negotiations and follow-up.
We know the legal process can feel overwhelming. That’s why we take care of the heavy lifting. You’ll have a dedicated solicitor who’ll guide you through each step and keep you updated throughout.
We offer a no win, no fee service, which means there’s no upfront cost to start your claim and nothing to pay if your case isn’t successful.
Ready to take the next step? Contact us today for expert, compassionate support.
Frequently asked questions
What’s the time limit for pavement trip claims?
You usually have three years from the date of the accident to start your claim. There are exceptions for children and people who lack mental capacity but it’s best to get legal advice as early as possible.
Can I claim if no one else saw the accident?
While witness statements help, your claim can still succeed based on photographic evidence, medical records and a clear explanation of what happened.
Do I need to prove the council was told about the hazard?
If the defect was serious enough and had been there long enough, the council should have been aware of it through routine inspections. We’ll investigate their maintenance records.
What if the pavement has been fixed since my fall?
Once a defect is repaired, it’s harder to prove what caused your injury. Take photos as soon as possible and speak to us for advice on your pavement hazard injury in the UK.