Learn About Suing The Council For Uneven Pavement Accidents

Last updated 22nd April 2026. Claims involving suing the council for uneven pavement are a legal action that can be taken when you suffer injuries from tripping and falling on uneven pavement due to the fault of the council. This may be a broken arm sustained from landing awkwardly after tripping on a piece of pavement protruding from the ground. The council owes members of the public a legal duty to protect their safety when on land owned by them. Therefore, anyone who has suffered injuries from tripping on uneven pavement can make a claim. These claims are usually handled on a No Win No Fee basis. So you do not have to make upfront or ongoing payments for the services of your solicitor whilst making your claim and service fees will only be made if your claim is successful.

Suing the council for uneven pavement can cause multiple disturbances to your life. Broken arms or wrists can leave you unable to attend work for a number of weeks, meaning that you have lost out on wages. Even ligament damage or sprains can leave you requiring painkillers to help you cope with the pain, therefore medical expenses begin to incur. Aside from these financial losses, the pain that you have suffered from your uneven pavement injury deserves to be compensated for, where it has been caused by someone else’s negligence. 

Our solicitors have a wealth of knowledge on how to claim for personal injuries such as the examples above. They can advise you on the evidence needed to make a successful claim as well as guide you through the process step by step. Get in touch with one of our friendly 24/7 advisors today who can get you connected.

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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.

Broken pavement that is crumbling at the edges.

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 Severity Compensation Guidelines
Multiple Severe Injuries and Special DamagesMultiple Injuries with Incurred special damages, such as medical costs, travel expenses and loss of wages Up to £250,000+
Brain DamageModerate (ii) - Moderate to modest intellectual deficit and the ability to work is greatly reduced or removed£119,860 - £198,320
Back Injuries Severe (iii) - disc lesions or fractures of vertebral bodies or soft tissue injuries leading to chronic conditions £51,230 - £92,130
Ankle InjuriesModerate - fractures and ligamentous tears giving rise to less serious disabilities, such as difficulty walking for long periods. £18,150 - £35,130
Pelvis And Hip InjuriesModerate (ii) - May involve hip replacement or other surgeries. £16,640 - £35,130
Knee InjuriesModerate (i) - dislocation or torn cartilage resulting in minor instability. £19,610 - £34,600
Foot InjuriesModerate - displaced metatarsal fractures resulting in permanent deformity. £18,150 - £33,020
Serious Fractures of Cheekbones Requiring surgery but lasting consequences such as elements of disfigurement £13,480 - £20,850
Wrist Injuries Recovery from fracture or soft tissue injury takes longer than 12 months but is largely complete. £8,030 - £13,670
Toe InjuriesModerate - relatively straightforward fractures or laceration injuries to one or more toes. Up to £12,690

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.

Substandard pavement tiles that someone could slip, trip and fall on sustaining injuries.

Examples Of Uneven Pavement Claims Against The Council

Suing the council for uneven pavement can arise due to the council’s negligence in many different scenarios. Some examples of negligence from the council that may cause an uneven pavement injury to be sustained and a claim to be made are given below: 

  • The council has been notified of a piece of paving that has come loose from the ground several times but have failed to repair it. Whilst walking home from work, the loose paving causes you to lose your balance and sprain your wrist. 
  • During their most recent maintenance check, the council have failed to recognise pavement that is protruding several inches higher than the rest of the pavement on the street. You trip on the pavement when walking in the dark, breaking your ankle. 
  • Your local council has failed to run checks on your residential area for an extended amount of time. This has meant that uneven pavement has not been maintained and you have torn ligaments in your leg from tripping on the uneven ground. 

If you have tripped and fell on uneven pavement, get in touch with an advisor on our team to discuss your specific circumstances. 

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

One of our solicitors can help you to 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.

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.

Why Claim Against The Council For Uneven Pavements With Public Interest Lawyers?

Claiming against the council for uneven pavement with Public Interest Lawyers will mean that you have the support of one of our expert personal injury solicitors. They aim to gain you the maximum amount of compensation for your uneven pavement injury. The services that they offer to achieve this include: 

  • A thorough assessment of your injury through the organisation of medical appointments so a prognosis is confirmed and can be taken into account in your compensation. 
  • Specific advice on what evidence to gather, such as reports made to the council and witness contact details, so that you are clear on what will be needed for your claim to have the best chance of success. 
  • Contacting the council to establish their cooperation and updating you on their communication with them. 
  • Handling any legal documentation and court proceedings that may go ahead if the council denies liability. 
  • Answering any of your questions about the process and explaining any complex legal terminology so that each step remains as easy as possible. 

Our solicitors have a plethora of services to support you when suing the council for uneven pavement. Contact an advisor to get connected today. 

No Win No Fee solicitor at desk giving advice on suing the council for uneven pavement.

Can I Sue The Council For Uneven Paving On A No Win No Fee Basis?

Yes, you can sue the council for uneven paving on a No Win No Fee basis by entering a Conditional Fee Agreement with one of our expert solicitors. A Conditional Fee Agreement makes the claim process easier and less stressful as it means that: 

  • You will not have to pay for the services of your solicitor upfront before making your claim. 
  • Ongoing payments will not have to be made for your solicitor’s work when your claim is underway. 
  • Unsuccessful claims do not have to pay service fees.

If your claim is successful, a small percentage will be deducted from your compensation as a ‘success fee’. This is legally capped, therefore the majority of your compensation will go to you. 

You can find out more about suing the council for uneven pavement on a No Win No Fee basis by contacting one of our helpful advisors today.

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