If you’re wondering how to sue after you tripped and fell on uneven pavement, our highly experienced team can help. From our expert panel of personal injury lawyers to our advisors, you’ll be in good hands throughout the personal injury claims process.
Within this guide, you’ll find all of the information you need about pavement accident compensation claims, including eligibility criteria, time limits, evidence, and how your compensation may be calculated.
Choosing to make a pavement trip claim is a step towards receiving compensation that will help you financially and allow you to move on from your accident. The first step is to reach out to our advisors to discuss your case. You can do this by:
- Calling 0800 408 7827.
- Putting your details into our contact form.
- Choosing the live chat option.
Jump To A Section
- How To Sue After You Tripped And Fell On Uneven Pavement
- What Compensation Could Be Awarded After You Tripped On A Pavement?
- Examples Of Negligence In Tripped On Pavement Claims
- What You Should Do After Falling Over Uneven Pavement
- The Time Limits For Pavement Trip And Fall Claims
- Sue With A No Win No Fee Solicitor
- Learn More
How To Sue After You Tripped And Fell On Uneven Pavement
It can be difficult to know when you can claim pavement trip compensation, but there’s a high possibility you could if your case meets the following criteria:
- A duty of care was owed to you.
- This duty of care was breached.
- You suffered an injury because of this breach.
When you are in a public space, such as using a local footpath, the occupier of that space owes you a duty of care. Per the Occupiers’ Liability Act 1957, they must take actions to ensure your reasonable safety while you are using that public space.
In the majority of pavement accident claims, the local council is usually the occupier. This is because the council is usually responsible for maintaining public pavements.
If the council were made aware of a pavement defect, they would be expected to repair the defect within a reasonable timeframe. If they fail to do so, and this causes you to trip and suffer an injury, you may be eligible for compensation.
For additional information on how to sue after you tripped and fell on uneven pavement, you can contact our advisors.
What Compensation Could Be Awarded After You Tripped On A Pavement?
Per the Judicial College Guidelines (JCG), a legal document that contains guideline compensation brackets for various injuries, you could potentially receive between £111,150 to £196,450 for a severe back injury that involves damage to the spinal cord.
In the table below, we have used various entries from the JCG for injuries that may be suffered when tripping on an uneven pavement.
The first entry has not come from the JCG.
| TYPE OF INJURY | SEVERITY | JCG COMPENSATION |
|---|---|---|
| Multiple Severe Injuries with Special Damages for financial losses such as lost earnings. | Severe | Up to £500,000+ |
| Back Injuries | Severe (i) | £111,150 to £196,450 |
| Severe (ii) | £90,510 to £107,910 | |
| Neck Injuries | Severe (i) | In the region of £181,020 |
| Severe (ii) | £80,240 to £159,770 | |
| Knee Injuries | Severe (i) | £85,100 to £117,410 |
| Severe (ii) | £63,610 to £85,100 | |
| Ankle Injuries | Very Severe | £61,090 to £85,070 |
| Severe | £38,210 to £61,090 | |
| Wrist Injuries | Complete loss of function in the wrist. | £58,710 to £73,050 |
Please note that the slip, trip, or fall compensation payout you receive may be more or less than the figures show in this table. All figures should be used as a guide only.
How Your Compensation Amount Is Decided
Compensation for personal injury claims is split into heads of loss: general damages and special damages.
General Damages
General damages is compensation for the pain and suffering your injuries have caused you. Factors that could affect how much you receive under this head of loss include:
- The type of injuries you suffered
- How severe they are
- What treatment you have required
Those valuing this head of your claim may also refer to the JCG for guidance.
Special Damages
Special damages are usually given in addition to general damages as part of a compensation settlement. They act as compensation for various financial losses caused by your injuries, such as:
- Loss of earnings.
- At-home care.
- Medical treatment, including private.
- Medical aids such as crutches.
- Transportation to and from medical venues.
To claim special damages, you will need evidence like bank statements and receipts.
Interim Payments
Sometimes, claimants may be eligible to receive an interim payment. An interim payment is given in advance on your compensation, often due to the need to pay medical bills or other relevant charges as a matter of urgency.
Only certain claimants are eligible for an interim payment, such as if the defendant has admitted liability or it’s likely that the claim will be successful.
If you have any further questions about compensation in public liability claims, you can contact our advisors.
Examples Of Negligence In Tripped On Pavement Claims
Below are some potential examples of negligence in tripped on pavement claims:
Lack Of Signage
When there is a known pavement defect or work is being carried out to repair this defect, the appropriate signage should be placed in a clear position so that all those using the pavement can see it. Signage should indicate where the pavement is uneven and the presence of wires or machinery, if applicable. If this is not done, causing pedestrians to trip and hurt themselves, a compensation claim may be able to be made.
Risk Assessments Not Being Carried Out
As part of their duty of care, the local council must carry out regular risk assessments. This allows for any risks or potential issues to be dealt with or for measures to be put in place to reduce risks.
If a risk assessment isn’t done on a regular basis, leading to issues like uneven or defective pavement slabs that can be easily tripped over, this could be considered a breach in their duty of care. If you were also to injure yourself, you may be able to make a claim.
Failure To Repair Reported Damage
If damage in the form of an uneven pavement is reported to the council, particularly if it is reported more than once, the council should act with a mannerly timeframe to repair this defect.
If the council does not make attempts to fix the damage within a reasonable amount of time, leading to pedestrians tripping and becoming injured, this would be considered a breach of duty of care and a claim could potentially be made.
Reach out to our advisors if you’re unsure about what counts as negligence in an uneven pavement claim.
What You Should Do After Falling Over Uneven Pavement
The first thing you should do after becoming injured is seek medical help. Afterwards, gathering evidence is also an important step to take.
Examples of useful evidence you should collect for personal injury claims are:
- CTTV footage of your accident taking place.
- Contact details of any witnesses to your accident.
- Photographs of the uneven pavement and your injuries.
- Your medical records detailing what injuries you suffered and their treatments.
- Proof of any previous reports made regarding the defective pavement.
- Any correspondence between yourself and the council discussing the accident or uneven pavement.
As part of their services, a solicitor from our panel could help you with gathering this evidence. Contact our advisors to learn more.
The Time Limits For Pavement Trip And Fall Claims
Under the Limitation Act 1980, there is a 3-year time limit to pursue a personal injury claim. This time limit applies to the majority of cases, but there are 2 main exceptions:
- If the claimant is under 18 they are not able to claim for themself until they become 18. From this date, they will have 3 years to begin the claiming process.
- If the claimant lacks the mental capability to claim themselves, the time limit is suspended. If they regain this mental capacity, they will have 3 years from this date to begin their claim.
In both cases where the claimant is unable to make their own claim, a litigation friend could be appointed to claim on their behalf. They will be required to act in the best interests of the claimant.
To see if you still have enough time to begin your personal injury claim, you can contact our advisors.
Sue With A No Win No Fee Solicitor
If your claim is eligible, you can claim on a No Win No Fee basis with an experienced personal injury solicitor from our panel via a Conditional Fee Agreement. This kind of agreement means:
- You won’t have to pay for your solicitor’s services upfront
- There are no service fees to pay as the claim is ongoing.
- You won’t pay for their completed work should the claim fail
- You will pay a success fee if you receive compensation. This will be taken as a legally limited percentage of your compensation by your solicitor.
Contact Us
For more information on how to sue after you tripped and fell on uneven pavement, you can contact our advisors. They can assess the eligibility of your case, offer you free advice, and connect you with a solicitor from our panel.
- Call 0800 408 7827
- Put your details into our contact form.
- Choose the live chat option.
Learn More
More of our personal injury claims guides:
- See how to sue your local council.
- Read our guide on how to sue for an injury in a public place.
- Find out how personal injury compensation payouts are calculated.
Additional resources:
- See how to report a problem with a pavement via GOV.UK.
- Find your local council via GOV.UK.
- Discover more about first aid via the NHS
Thank you for reading our guide on how to sue after you tripped and fell on uneven pavement.