It’s so easy to trip on the pavement. The most common cause of a trip is uneven paving slabs but there are lots of other pavement defects like damaged pavement or broken pavement which can make a pavement unsafe and create a pavement accident. A simple trip on an uneven pavement can cause a surprising number and range of injuries from broken bones to head injuries. After all, if you fall, a pavement is a hard and unyielding surface.
If you have experienced a pavement injury, then you might be thinking about making a pavement trip claim. Below we’ll cover all this, and more.
Have You Been Injured In A Public Space?
If you are using the pavement in a public space, then the controller of that space is responsible for maintaining a safe, user-friendly surface which is free from defects and in a good state of repair. This is called a duty of care and is owed by the controller of the space – usually the local authority – to the public under the Occupiers’ Liability Act 1957.
If your injury was not in a public space then you will need to be able to identify who controls that area, for instance, a supermarket car park. You may be able to start a claim for pavement accident compensation if there was a pavement defect which led to your injuries and the controller of that area owed you a duty of care.
A successful pavement accident compensation claim will recover financial compensation for any physical injury both major or minor injuries.
A pavement accident claim will also deal with issues like employer’s sick pay and Statutory Sick Pay (SSP) and any financial losses you may have incurred because of the accident.
Starting A Pavement Accident Claim – How It Works
Pavement accident claims can seem quite daunting if you don’t have any legal knowledge, that’s why it’s important to consult specialist solicitors from the outset. But before you consider a pavement accident claim and starting the claims process, the first step is to seek medical treatment for your injuries. Then follow the next steps:
Report And Take Photos
As soon as you can, you should report the incident to the local authority or local council, whoever is responsible for maintaining the pavement in that location. Take photos of the area where the accident happened within a reasonable timeframe and before the pavement is repaired. Photos are also useful of anything that might explain why the accident happened such as tree roots which can undermine the integrity of the pavement surface.
Establish Negligence And Duty Of Care
Pavement accident claims come under the broader umbrella of personal injury claims. To start a pavement claim, you will need to instruct personal injury solicitors who will gather evidence about how the accident happened. They will need to establish the council’s negligence or the negligence of the property owner.
Your solicitor will want all the evidence you have starting with the exact location of the accident so they can establish who owns the land and whether they owe you a duty of care.
If your accident happened in a public place, it is usually the local council who is responsible. On privately owned land, it can sometimes take a little longer to establish ownership and prove liability. You should report the incident in writing as soon as possible to the local authority or landowner.
Handover As Much Evidence As You Have
Next, your solicitor will require precise details and as much evidence as possible including medical records to show that you had to seek medical attention after the accident, photographic evidence of the exact location, and the contact details of any bystanders who are prepared to provide witness statements. This could be your friends or family who were with you at the time of the accident or local residents or members of the public.
With the introduction of so many security cameras on commercial buildings and residential properties, it could be that there is CCTV footage available of the accident.
It can be helpful with photographs to put an object next to the raised area to demonstrate the height of the uneven pavement. A coin or matchbox is a good choice but any small object which is readily identifiable with standard measurements will do the trick. Most people don’t carry tape measures around with them!
Make A Claim
Your personal injury solicitor will make a pavement accident claim against the controller of the land if they have been negligent. You will be entitled to start claiming compensation for your injuries and physical pain plus other financial losses.
Your legal representative will reach a settlement with the respondent’s solicitor about the value of the compensation. If you can’t agree then the case will go to court.
What Are The Most Common Causes Of Pavement Accidents?
A pavement accident can have a number of causes but the most common cause is uneven pavement which leads to trips and falls.
Uneven pavement can be caused by the ingress of tree roots which grow under the pavement and push up the paving stones. Subsidence has the same effect but even just poor maintenance and a failure to deal with problems as they arise can lead to broken pavement and cause pavement accidents.
Poorly maintained pavements can become overgrown with weeds and covered with debris and that alone can cause a trip. A build up of substances like oil and grease from parked cars can make a pavement surface slippery and treacherous, particularly when it rains.
A loose or rocking paving slab can cause a pedestrian to lose their balance, trip and fall. An obstruction on the pavement or construction work creating temporary hazards like debris, building equipment or barriers without a clear and well-signed alternative route is another cause of pavement accidents.
One of the important contributory factors in pavement accident claims is poor lighting which makes it difficult for pedestrians to navigate uneven surfaces or avoid hazards, increasing the risk of tripping on pavement and falling.
The cause of a pavement accident is crucial in determining the success of a pavement accident claim.
Common Injuries Suffered Tripping On A Pavement
Tripping on pavement can result in a fall and so pavement accidents tend to see the following common injuries: –
- Sprains
- Strains
- Fractures
- Cuts and bruises
- Wrist and hand injuries which are defensive to prevent or minimise the impact of a fall
- Head injuries
- Ankle injuries
- Soft tissue injuries like torn muscles or damage to ligaments and tendons
How Much Compensation Can I Achieve In A Pavement Accident Claim?
Pavement accident claims work like any other personal injury claim, your injuries are assessed and awarded a compensation amount based on what they are and how serious they are. This is called General Damages and accident claims require access to an injured person’s medical records.
For the sake of consistency, the legal profession uses something called the Judicial College Guidelines to calculate how much certain injuries are worth in pavement accident claims.
Here are some examples of the type of injuries that appear in pavement accident claims and how much compensation you can expect to receive.
- Head injuries can come in many different grades of seriousness and are common in pavement accidents when someone falls without warning. For a minor head injury you can expect to receive between £2,690 and £15,580 rising to between £18,700 and £52,550 for a head injury that is classified as ‘less severe’.
- A severe shoulder injury will be awarded between £23,430 and £58,610.
- A simple wrist fracture will receive in the region of £9,070.
- Serious damages to both hands can receive between £68,070 and £103,200.
As part of the claims process, your personal injury solicitor will talk to you about how much compensation you could be awarded.
What Are Special Damages?
Special damages can also form part of your financial recovery on top of the compensation for tripping on pavement. Special damages cover extra expenses you may have to meet because of the accident and financial losses. Here are some examples.
- Attending more appointments for ongoing medical attention to help in recovery
- The cost of using public transport or taking taxis if you are unable to drive
- Loss of income if you cannot work and have to rely on Statutory Sick Pay which mean your monthly income is much reduced
Special damages form part of the recovery and are included in the claims process. Your solicitor will require evidence to support the sums claimed such as receipts, invoices or payslips.
Frequently Asked Questions
Can I still claim compensation if I was partly to blame for a pavement accident?
Sometimes, the claimant is partly to blame in a pavement accident much like two drivers who both make errors and cause a car accident. This is called contributory negligence. You can still make a pavement accident claim but the amount of compensation for tripping will be reduced.
Is there a time limit for a pavement accident compensation claim?
Under the Limitation Act 1980, claimants have three years to make a pavement accident claim. If you wait longer than this then it is unlikely you will be able to make a claim. The three years runs from the date of the accident or, the date when you became aware of an injury which can sometimes be later if you don’t have the mental capacity at the time to know you were injured and how. The same time limits apply to children when bringing a personal injury claim, also called minors; a minor is anyone under eighteen years of age. However, the time limit to bring accident claims for minors doesn’t actually start to run until they reach their eighteenth birthday.
Do all personal injury solicitors work on a no win no fee basis?
No, which is why it’s important to understand the fee arrangement from the outset and before you start to make a claim. A no win no fee solicitor won’t take any payment until the end of the claim and only then when it is successful.
Can I claim if an uneven pavement trip made an existing health condition worse?
You can claim for a new injury and also claim for an injury which made a pre-existing health condition worse. However, you will need to be able to evidence this from medical reports.
What happens if my case goes to Court?
Sometimes, the person or organisation you’re claiming against (called the respondent or the defendant if the case goes to court), may challenge your injury claim and if settlement between the two sides cannot be reached, then the case will go to court. Although it can seem daunting, you are in good hands and our expert solicitor will represent you throughout the proceedings and you still won’t pay a penny in legal costs unless your claim is successful.
What is a conditional fee agreement?
A Conditional Fee Agreement is the legal profession’s name for work conducted on a no win no fee basis. The agreement allows solicitors to start working on a case without asking for any fee and they will continue working without charge until the conclusion of the case, only charging a fee if they are successful in obtaining compensation.
Is there a definition of uneven pavement or raised paving slab?
It is inevitable over the passage of time that paving slabs will shift their position and not remain as completely flush with one another as when they were first laid. Most local authorities follow a rule of thumb that the level of rise must be at least 2.5cm or 1 inch above the rest in order to constitute a trip hazard. Likewise, if you have tripped because of a pothole, then that must be at least 1 inch or 2.5cm deep. You could still have a serious accident when tripping over something that is not raised by as much, but it is much harder to make a claim in these circumstances. It is to be expected that there will be some movement amongst paving slabs and that pedestrians cannot expect something that is as flat as a bowling green. This highlights why it is important to take expert legal advice from the outset for all types of pavement injury claims.
What responsibility do local authorities have when installing and maintaining pavements?
A local authority has a duty to maintain public pavements in a safe and good state of repair so they don’t cause accidents. This includes regularly inspecting pavements to ensure they are as level as possible and free from obstructions. It also includes a regular programme of repair when defects and hazards are found or reported. A council must also respond to reports of damaged pavement and rectify the issue within a reasonable timeframe.
Is it necessary to have received medical attention in order to be able to make a claim?
Your injuries must be attended to by a recognised medical professional and your solicitor will ask to see evidence of this by requesting sight of your medical records. This is an important factor if you want to make a claim.
How long do pavement accident claims take to settle?
The answer to this depends on the unique circumstances of each claim and how complex it is. Some cases settle quickly in just a few months, but others can run on for over a year.
How No Win No Fee Solicitors Co Can Help You Make a Pavement Accident Claim for Tripping and Claim Compensation for Your Injuries
If you want to make a pavement accident claim because you’ve tripped on an uneven pavement and incurred injuries as a result, then it’s crucial to work with the right accident compensation specialists. Here at No Win No Fee Solicitors Co, our team are experts in pavement trip claims and can help you claim the compensation you deserve.
As our name suggests, we operate on a No Win No, Fee basis. This means you don’t pay anything to start an injury claim. The no win no fee basis means that if you don’t end up with any compensation for your pavement trip claim, you won’t pay us any legal costs so there is absolutely no personal financial risk.
You’ll only pay a fee if you get compensation, and the cost is a small percentage of the compensation award; this is sometimes called a success fee. You can claim compensation today at absolutely no risk.
Tripping on a pavement is an unpleasant experience and if you’ve suffered injuries then you should put in a claim without delay. Call us now at the number above, write to us here, or message us via our live chat box. We’re always happy to help.
