Pavement trip claims: how to claim compensation for a council pavement injury

Tripping on a broken or uneven pavement is one of the most common causes of serious injury in public spaces. Fractured wrists, ankle injuries and broken hips are all regularly caused by pavement defects that should have been repaired.

If you tripped on a pavement and were injured, you may be able to claim compensation from the local authority responsible for maintaining it. This guide explains how pavement trip claims work, what you need to prove, and what the council will argue in its defence.

---

Who is responsible for pavement maintenance?

Most public pavements in England and Wales are maintained by the local highway authority, which is usually the county council or unitary authority for your area. London boroughs are responsible for their own pavements.

The Highways Act 1980 places a duty on highway authorities to maintain roads and pavements in their area so that they are safe for public use. Where a pavement is in a dangerous condition and the authority has failed in that duty, and someone is injured as a result, a compensation claim can be made.

Not all pavements are council-maintained. Pavements within private developments, shopping centres, or car parks may be the responsibility of a private landowner rather than the council. The approach to claiming is similar, but the defendant is different. A solicitor can quickly identify who is responsible for the specific stretch of pavement where you fell.

---

What you need to prove

A pavement trip claim has three elements you need to establish.

1. The defect existed You need to show that there was a dangerous condition in the pavement. This is usually an uneven surface, a raised or sunken flagstone, a pothole, or a crack wide or deep enough to catch a foot.

2. The defect caused your fall and injury You need to show that the defect was what caused you to trip and fall, and that your injury resulted from that fall.

3. The authority failed in its duty You need to show that the authority knew, or should have known, about the defect, and failed to repair it within a reasonable time.

Evidence is critical for all three. The most important thing you can do after a pavement trip is photograph the defect before it is repaired.

---

The 25mm rule

Local authorities in England operate inspection and repair regimes based on risk. Defects below a certain size are generally treated as low risk and may not be repaired quickly. The commonly applied threshold in England is 25mm (approximately 1 inch).

This means that if the raised edge or depth of the defect that caused your trip is less than 25mm, the council may argue it was not significant enough to require immediate repair.

The 25mm threshold is a guideline, not an absolute legal rule. Courts have found authorities liable for defects below 25mm where the location made even a small defect particularly dangerous (for example, near a pedestrian crossing or on a busy high street). They have also found no liability for defects above 25mm where other factors were present.

What this means in practice: measure and photograph the defect as soon as possible after the accident. Use a ruler, a coin, or any object of known size to show the scale in the photograph. The measurement matters.

---

What the council will argue: the Section 58 defence

The Highways Act 1980 gives local authorities a statutory defence under Section 58. A council can avoid liability if it can show that it took such care as was reasonably required in all the circumstances to ensure the road or footway was not dangerous.

In practice, this means the council will try to show that:

• It had a reasonable inspection regime in place
• The pavement was inspected within the appropriate cycle for that type of road
• The defect either was not present at the last inspection, or was recorded and a repair was scheduled

The frequency of inspections depends on the classification of the road. A busy town centre pavement may be inspected every few months; a rural footpath may be inspected much less frequently.

If the council can show it followed its inspection regime and the defect was not present at the last inspection, it may avoid liability even if the defect existed when you fell.

This is why evidence gathered quickly is so important. If you can show the defect had clearly been present for some time (through photographs that show weathering, or previous complaints by other members of the public), the Section 58 defence is much harder to run.

---

Evidence to gather after a pavement trip

Photographs of the defect Take photographs from multiple angles as soon as possible. Include a ruler or object of known size to show the depth or height of the defect. If the pavement has since been repaired, try to obtain photographs from the time of the accident or shortly after.

Medical records See a doctor or attend A&E as soon as possible after the fall. Medical records that show the date of the injury and its nature are important evidence that the fall caused the injury.

Note the exact location Record the full address or precise location of the defect, including which side of the road, which flagstone, and any nearby landmarks. You will need this to request council inspection records.

Witness details If anyone saw you fall or can confirm the defect was present, take their name and contact details.

Your clothing and footwear Keep the shoes you were wearing. If there is any dispute about whether your footwear contributed to the fall, the shoes may be examined.

Report the defect to the council Report it online or by phone. This creates a dated record that the defect was brought to the authority's attention. It may also prompt a repair and protect others from being injured.

---

Contributory negligence in pavement claims

If the council argues that you were partly responsible for the accident, for example by not looking where you were walking or by wearing inappropriate footwear, your award can be reduced by the percentage of fault attributed to you.

This does not bar your claim. Courts regularly award compensation in pavement claims where the claimant was found to be 10% or 20% contributorily negligent.

---

How much compensation can you claim for a pavement trip?

Compensation for a pavement trip is calculated in the same way as any other slip and trip claim: general damages for your pain and suffering, plus special damages for your financial losses.

Common injuries in pavement trips include:

Injury	Typical general damages range
Minor soft tissue (full recovery within 3 months)	£1,000 to £3,710
Wrist fracture (moderate)	£7,430 to £22,430
Ankle fracture (moderate)	£26,590 to £46,980
Knee injury (moderate)	£14,840 to £30,580
Hip fracture (significant)	£26,590 to £55,930

Special damages for lost earnings, medical costs and care can significantly increase these figures. See our guide to slip and fall compensation amounts for a full breakdown.

---

Time limits for pavement trip claims

You have three years from the date of the accident to bring a claim against a local authority. This is the same limitation period that applies to all personal injury claims under the Limitation Act 1980.

Three years feels like a long time, but it is important not to delay. Evidence degrades, defects get repaired, and witnesses become harder to locate. The sooner you speak to a solicitor, the stronger your claim is likely to be.

If the injured person is a child, the three-year period does not start until they turn 18. A parent or guardian can bring a claim on their behalf at any time before that birthday.

---

How to start a pavement trip claim

Pavement trip claims involve a specific defendant (the council), a specific statutory framework (the Highways Act 1980) and a specific defence (Section 58) that your solicitor needs to address. Getting legal advice early makes a material difference to how the claim is built.

Edward & Amaury Solicitors handle pavement trip claims across England and Wales on a no win no fee basis. If your claim succeeds, our fee is capped at 25% of your compensation. If it does not succeed, you pay nothing.

Contact us for a free claim assessment

Call us or fill in our contact form and one of our solicitors will assess your situation, advise on the strength of your claim, and explain the next steps at no cost to you.

---

Summary

• Local authorities have a legal duty under the Highways Act 1980 to maintain pavements safely.
• You can claim compensation if a pavement defect caused your injury and the council failed in its duty.
• The 25mm threshold is a guideline, not an absolute bar. Smaller defects can still found liability.
• The council's main defence (Section 58) is that it had a reasonable inspection regime. Evidence of how long the defect had been present weakens that defence.
• Photograph the defect with a measurement, see a doctor quickly, and report the defect to the council.
• You have three years from the date of the accident to bring a claim.
• Edward & Amaury Solicitors offer a free assessment and handle all pavement trip claims on a no win no fee basis.

---

Edward & Amaury Solicitors is regulated by the Solicitors Regulation Authority. This article provides general guidance only and does not constitute legal advice on any specific case.