Although pavements are a routine part of daily life, they can sometimes lead to personal injuries ranging from minor cuts to severe trauma or even brain damage. These incidents often occur when pavements are uneven, or their height poses a tripping hazard. But what exactly is the pavement trip hazard height in the UK?
In this guide, we’ll explore this question, explain who is responsible for maintaining safe pavements, and outline how you can seek compensation for injuries caused by trips and falls.
What qualifies as a pavement trip hazard in the UK?
In the UK, a pavement trip hazard is defined as a height difference of more than 1 inch (2.5 cm) between two sections of pavement. This kind of sudden change in height increases the likelihood of someone catching their foot and tripping while walking.
Though not a legal definition, this 2.5 cm limit is best practice across the country and is commonly used by local councils and the courts to decide whether or not a pavement is free of hazards that cause slips, trips and falls.
These hazards often occur when construction work or harsh weather leaves the pavement damaged. Tree roots can also push the concrete upwards, creating height differences that exceed the safety limit. No matter the reason, if you’ve been injured by a trip that’s due to an uneven payment, you could be entitled to claim compensation from your local council. To get the ball rolling on a claim, speak to us today.
How can I tell if my trip hazard claim is valid?
If you’ve made the decision to push forward and pursue legal reparations for your pavement accident, you’ll have to build a case that’s supported by evidence. The most important things you should be looking for are as follows:
- Photographic evidence — Document the scene of the accident with clear photos, highlighting the difference in height on the pavement that caused your trip. Also, take photographs of your injuries to record their extent and severity.
- Medical records — Gather all relevant medical documents, like doctor’s notes, X-rays and other relevant reports. These documents are vital to winning your case.
- CCTV footage — If available, see if you can obtain any public CCTV footage of the accident. This footage can provide a clear and objective view of the events as they unfolded.
- Witness statements — Compile contact information from any witnesses to your accident and collect their accounts. Witness statements can significantly assist in your claim.
- Financial records — Keep records of all costs related to your injury, including medical expenses, travel expenses for medical appointments and lost wages. Use receipts, invoices and bank statements to back this up.
- Personal diary — Maintain a diary detailing the impact of the injury on your daily activities — this could be absences, missed family events, and any ongoing pain or limitations.
The faster you act when seeking legal action, the more likely you are to succeed in your compensation claim. This is because the hazard on the pavement could be repaired before you are able to gather evidence and could throw your case into dispute.
Who is responsible for fixing pavement hazards?
According to the Highways Act 1980, it’s up to local councils to keep pavements safe and maintained because of their duty of care over the public. This includes seeking out and repairing any defects that might breach that duty of care — whether this manifests in something as simple as a raised paving slab that needs rearranging or as something more severe like potholes that need to be filled.
The same duty of care applies to private property owners. This could be a shopping centre, a cinema or simply someone’s home — wherever the hazard manifests, it’s down to the owner to prevent the hazard from becoming an accident. That means identifying any hazardous walkways and fixing the problem as quickly as possible, so as not to harm the public that walk through it.
Both councils and property owners may be held liable for accidents if a trip or fall has happened under their purview. However, if the hazard was not previously reported to them, they might not be held accountable as they were never made aware. That’s why it’s so important to report any hazards you see to the relevant parties — it could prevent future accidents and support others in making a claim if needed.
What compensation could I claim for a pavement trip injury?
If the worst has happened and you’ve been injured because of a pavement trip, the level of compensation you should hope to receive will depend on a few things.
The first factor is the injury you’ve actually sustained — depending on what’s happened to you, you’ll receive a certain level of general damages compensation. To get a better idea of your general damages, use our handy compensation calculator.
The second factor to consider is whether your injuries have led to expenses such as treatment costs, rehabilitation, or lost wages. These details form the basis of your special damages compensation. Since every case is unique, the amount awarded for special damages will vary.
What should I do after a pavement trip accident?
The most important thing to do after an accident where you’ve been injured is to seek medical attention. Make sure you are well and able before you return to the scene of the accident to:
- Gather evidence — Take pictures of your injuries and take a ruler or tape measure with you to show how the pavement is exceeding its accepted difference of 1 inch.
- Report the hazard — Let the council or property owner know about the hazard, and give them as much detail as you can — whether over the phone or illustrated with images over email.
- Collect witness details — Before seeking medical attention, see if you can get the contact details of any witnesses that see your trip. Their testimony will be invaluable if the case is disputed.
- Get in touch — When you’re ready to take the case to the next level, get in touch with Express Solicitors and we’ll discuss the best way to continue.
Why choose Express Solicitors?
No matter the severity of your injury, dangerous pavements are a threat to the public that can be deadly if left alone. By working with us, we’ll help to compile a case that will give you confidence — we know this because of our no-win, no-fee guarantee, which means we’ll proceed with your claim and you won’t pay us a single thing unless your case is successful.
We’re also proud of our “Excellent” rating on Trustpilot and our accreditation by the Solicitors Regulation Authority (SRA). It shows just how committed we are to professional integrity and making our clients happy.
So why wait? Get in touch and we can work on your pavement injury today, and see just how much you might be entitled to. Call us on 0161 904 4661 or Start your claim online.