Last Updated 06/03/2025. Have you tripped and fallen over uneven pavement? If so, read this guide to find out how you may be eligible to start a public liability claim. Suing the council for uneven pavement can seem complex, this guide will help explain how to claim compensation and look at why you may want to instruct a solicitor to help you.
Uneven pavement tiles can be hazardous and many people trip over them and become injured. However, the council has a duty under the Occupiers Liability Act 1957 and the Highways Act 1980. Therefore, if you trip over uneven pavement and become injured, you may be eligible to claim against the council.
It will then discuss how much compensation you may be entitled to and how you instruct a solicitor on a No Win No Fee basis to support your claim. Finally, it will explain the common injuries caused by uneven pavements and what happens if the council denies liability. At the end of this guide, you will have access to further information on local authority claims.
If you have become injured after falling over uneven pavement, discuss your next steps with our advisors today:
- Have a look at our contact page
- Give our advisors a call on 0800 408 7825
- Give our advisors a message on our live online chat
Jump To A Section
- Can You Sue The Council For Uneven Pavement?
- How Much Compensation Can You Get For Tripping On The Pavement?
- Understanding The Council’s Responsibility For Pavement Maintenance
- Common Injuries From Uneven Pavement Accidents
- How To Start A Claim Against The Council
- How Can A Solicitor Help With My Claim?
- Learn More About Local Authority Claims
Can You Sue The Council For Uneven Pavement?
Section 41 of the Highways Act 1980 states that the local authority is responsible for the upkeep of public roads, including the pavements. This means that the local authority is the occupier or organisation responsible for the pavement.
As stated above, you are owed a duty of care by your local council under the Occupiers Liability Act 1957. Under Section 2 of this Act, occupiers must ensure that all public spaces they are responsible for are reasonably safe for all visitors. This includes making sure that all pavements are reasonably safe and well-maintained.
As such, if you fall over uneven pavement, you may be eligible to claim compensation if:
- The council owed you a duty of care
- The council breached this duty
- This resulted in your injury
To check eligibility for suing the council for uneven pavement and to start a claim today, contact our advisors.
How Much Compensation Can You Get For Tripping On The Pavement?
There is no set figure for the amount of compensation you may be awarded in public liability claims as the facts of all cases differ. However, here is some guidance as to how compensation may be awarded when suing the council for uneven pavement accidents.
What Factors Affect Compensation In Pavement Accident Claims?
In public liability claims, you may be entitled to general and special damages that amount to your sum of compensation.
General damages compensate you for the injuries you sustained in your accident. It is calculated by a professional team who review your injuries through the Judicial College Guidelines (JCG). These guidelines are used in personal injury claims and contain a list of injuries alongside potential compensation brackets. Here are some examples of injuries you may be compensated for after tripping over raised pavement from the JCG. Please note that the figure in the first row is not from these guidelines. Additionally, as all claims are different, this table is only included for your guidance.
| Injuries | Compensation Guidelines |
|---|---|
| Multiple Severe Injuries and Special Damages | Up to £250,000+ |
| Moderate (ii) Brain Damages | £110,720 to £183,190 |
| Severe Back Injuries (iii) | £47,320 to £85,100 |
| Moderate Ankle Injuries | £16,770 to £32,450 |
| Moderate Pelvis And Hip Injuries (ii) | £15,370 to £32,450 |
| Moderate (i) Knee Injuries | £18,110 to £31,960 |
| Moderate Foot Injuries | £16,770 to £30,500 |
| Fractures of Cheekbones (i) | £12,450 to £19,260 |
| Wrist Injuries (d) | £7,420 to £12,630 |
| Moderate Toe Injuries | Up to £11,720 |
If you are able to claim for general damages then you may also claim for special damages. This compensates you for any financial losses you suffered from which would not have occurred but for your injuries. Here are some examples of the type of financial losses you may be compensated for:
- Loss of wages/income
- Loss of work benefits such as bonuses
- Medical treatment costs
- Travel costs
- Essential equipment costs such as payments for walking aids
To be compensated for special damages, you must provide evidence of your losses. You can do this by presenting:
- Bank statements
- Pay slips
- Medical bills
- Receipts
Considering Emotional Distress
If you have suffered from emotional distress, you may be compensated for this through general damages. However, you must obtain medical evidence of your psychological suffering.
Using A Compensation Calculator For Your Injuries
A compensation calculator provides you with an estimated figure of the compensation you may be awarded if your claim is successful. However, this merely illustrates what you may be awarded and is not guaranteed.
To claim compensation for your injuries, discuss your accident and suing the council for uneven pavement with our advisors today.
Understanding The Council’s Responsibility For Pavement Maintenance
The council has a duty to ensure that you are reasonably safe under the Occupiers Liability Act 1957. This is supported by the Highways Act 1980. Under this Act, the council has a duty of care to maintain pavements and ensure they are fixed in a reasonable amount of time.
Therefore, if a raised or uneven pavement, was reported to the council but they failed to take action, you may be eligible to claim compensation. However, a height of 1 inch or 2.5 centimetres is considered the minimum trip hazard for uneven pavement.
If you would like to learn more about suing the council for an accident caused by uneven pavement or to find out if you have an eligible personal injury claim, contact our team of advisors today.
Common Injuries From Uneven Pavement Accidents
If you trip over uneven pavement, this may cause you to sustain a myriad of injuries that differ for each person. Some examples of the injuries you may sustain include:
If you have sustained injuries after tripping over uneven pavement, begin a claim with our team today.
How To Start A Claim Against The Council
If you are suing the council for uneven pavement injuries, here are some things you should consider before beginning your claim:
Proving Liability – Witnesses And Other Evidence You’ll Need
For your claim to be successful, it is important to prove that the council are liable for your accident. Therefore, you should collect evidence when beginning your claim. Some examples of evidence that will support this type of claim include:
- CCTV or dashcam footage of your accident
- Contact details of witnesses so a statement can be taken later on.
- Reports previously made about the uneven pavement
- Photographs of the raised pavement showing width and depth using a measuring stick.
- Medical reports stating your injuries and the date you were assessed
A solicitor from our panel can help you obtain evidence if you are eligible to claim.
Time Limits When Starting A Claim
Public liability claims must be started by the injured person themselves within 3 years of the date of the accident. This is a condition of the Limitation Act 1980. However, there are some exceptions to this rule when a litigation friend represents the injured person.
A litigation friend acts on behalf of the injured person during the claims process and makes legal decisions on their behalf. A litigation friend may be appointed if:
- the injured person lacks the mental capacity to begin the claim under the Mental Capacity Act 2005. However, if the injured party regains their mental capacity, the 3 year time limit will reset.
- the injured person is under the age of 18. However, the injured child can wait until they reach the age of eighteen to file a claim themselves as the 3 year time limit will begin then.
Do You Need A Solicitor?
Our panel of solicitors can help you with suing the council for an uneven pavement accident and the injuries you sustained. They can use their legal skills and expertise to resolve your case and help you claim compensation.
One of the benefits of using our panel is that they work on a No Win No Fee basis. This means that your solicitor may handle your claim under a Conditional Fee Agreement (CFA). If you claim with a solicitor through a CFA:
- you will have no out of pocket, upfront or ongoing costs for your solicitor’s work on the case.
- In successful claims, a small legally capped percentage of your compensation will cover the cost of our panels work. This is called a ‘success fee’.
- In unsuccessful claims, you will not be required to pay for our panels work on the case.
How Long Can A Claim Take Before You Get A Payout
Each claim derives from different circumstances and all take a different length of time to resolve. Here are some factors that may determine how long your case may take to resolve:
- Whether your injuries or treatment are ongoing whilst you begin your claim.
- How long it takes to gather evidence.
- Whether the council has admitted or disputed liability.
To begin suing the council for an injury caused by uneven pavement, get in touch with our advisors today.
How Can A Solicitor Help With My Claim?
Understandably, you may be worried about suing the council for uneven pavement if this has caused your injuries and other losses. However, at Public Interest Lawyers, we have a team of helpful advisors and a panel of specialist solicitors with decades of collective experience in such claims.
If you have sustained injuries after falling on uneven pavement, you should contact our friendly and helpful advisors. They will give you a free consultation on your claims eligibility status. If you are eligible to claim, our panel of solicitors may help you with your claim by:
- Walking you through the claims process and supporting you with each step
- Explaining key legal terminology and important legal documentation
- Setting you up with support networks
- Educating you on the council’s responsibility for pavements
- Helping you gather the necessary evidence and then reviewing it to build your claim
- Explaining how compensation is calculated and giving you examples of how much you may be awarded
- Setting you up with specialist appointments such as physiotherapy
- Negotiating compensation settlements with third parties on your behalf to avoid going to court
- Helping you claim compensation on a No Win No Fee basis to avoid paying upfront solicitor fees
If you have any questions about our panel of solicitor’s role during the claims process, please contact our team today. They can also give you more information about suing the council for uneven pavement, compensation amounts and No Win No Fee claims.
- Have a look at our contact page
- Give our advisors a call on 0800 408 7825
- Give our advisors a message on our online chat
Learn More About Local Authority Claims
For more information on local authority claims, access the links below:
- Information on public liability claims
- Information on claims against the council for personal injury
- Access our multiple injury compensation calculator
References:
- Find your nearest urgent care centre, issued by the NHS
- Here you can report a problem with a pavement, issued by GOV
- Claim compensation for injuries caused by pavements, issued by GOV
We appreciate you reading this guide on suing the council for uneven pavement.
