Have you tripped and fallen on an uneven pavement? Has this led to you sustaining injuries? If so, you may be eligible to make a public liability personal injury claim. This guide about tripped and fell on uneven pavement claims will explain what steps you should take to claim compensation for your injuries and losses.
We will discuss the eligibility criteria to make a claim and explain how a pavement accident can be caused by negligent conduct. Further, it will explain how long you have to claim, how much compensation you may receive and how to claim on a No Win No Fee basis with the help of our solicitors.
To discuss any aspect of a potential claim, contact one of our advisors today:
- Contact us online
- Call our advisors: 0800 073 8804
- Speak to us on our online web chat
Browse Our Guide
- Tripped and Fell On Uneven Pavement Claims – How Do They Work?
- How Can A Pavement Accident Be Caused By Negligence?
- What Should I Do If I Tripped and Fell On Uneven Pavement?
- How Long Do You Have To Make Tripped And Fell On Uneven Pavement Claims?
- How Much Compensation In Tripped And Fell On Uneven Pavement Claims?
- Make A Pavement Accident Compensation Claim On A No Win No Fee Basis
- More Resources About Making A Personal Injury Claim
Tripped and Fell On Uneven Pavement Claims – How Do They Work?
If you have tripped and fell on uneven pavement, you may be eligible to make a personal injury compensation claim provided you meet the specific criteria.
To bring a claim, you must be able to prove that your fall and injuries were caused by the conduct of a third party who owed you a duty of care. The specific criteria is as follows:
- You must be owed a duty of care by a third party
- The third party must breach this duty
- This breach must have caused your injuries
Under the Highways Act 1980, local authorities have a duty of care to identify hazards on roads and pavements and ensure they are fixed in a reasonable time. If they fail to do this and you become injured, they will be in breach of their duty, and you may be eligible to claim.
Under the Occupiers Liability Act 1957, anyone in control of a premises has a duty of care to ensure visitors remain reasonably safe. Therefore, they must take any reasonable action to prevent the public from falling or tripping on their premises. If they fail to do this and you become injured, they may be in breach of their duty, and you may be eligible to claim.
If you tripped and fell on uneven pavement and want to make a claim, contact our advisors today.
How Can A Pavement Accident Be Caused By Negligence?
If you tripped and fell over uneven pavement, you may wonder how this can be caused by negligence.
To be eligible to make a personal injury claim, a third party’s breach of duty must result in your injuries. Examples of a breach of duty conduct include:
- Failing to check the condition of the pavements
- Failing to fix pavements if defects are found
- Failing to place warning signs near defects
- Failing to maintain regular inspections
Here is a scenario of how a pavement accident can happen and a claim potential brought:
- The council may have been informed of a raised pavement slab by 3cm.
- They may have failed to place any warnings near it and failed to fix it.
- You may be slowly walking along the pavement and it is covered with leaves, blocking your view of the raised pavement. You trip over the raised slab.
- You may have then fallen onto your hand, which caused a broken finger.
- As this accident was caused by the breach of duty of the council, who failed to address or fix the raised pavement, you may be eligible to claim compensation.
For more information on how a pavement accident can be caused by negligence, contact our advisors today.
What Should I Do If I Tripped and Fell On Uneven Pavement?
If you have fallen and become injured due to uneven pavement, you may be eligible to make a personal injury compensation claim. However, before you do so, there are a number of tasks you may want to complete to ensure your claim runs smoothly.
- Take photographs of your injuries and the uneven pavement. When taking a photograph of the pavement, it may help to place a ruler or tape measure next to it to show the measurements of the defect.
- Seek medical assistance after sustaining the injury. Visit A&E or your local GP to determine the full extent of your injuries.
- Report the accident. This may be to your local council, authorities or owner of the premises.
- Request CCTV footage of the accident (if possible).
- Keep any contact details of any witnesses who saw you trip and fall. A statement in support of your case can be taken later if it is needed.
Contact our advisors today to discuss tripped and fell on uneven pavement claims further.
How Long Do I Have To Make A Pavement Trip Claim?
In accordance with the Limitation Act 1980, you have three years from the date of the accident to start a personal injury compensation claim. However, for accidents involving children, the three year limitation period may not begin until they reach the age of eighteen.
If you want to make a claim on behalf of the child before they turn 18, this is possible, and you (or someone else who is suitable) must act as a litigation friend and make legal decisions on behalf of the child. A litigation friend is usually a parent or guardian but does not have to be.
A litigation friend can also be used to claim for somebody who lacks the mental capacity to make informed decisions regarding their claim. A person who lacks capacity is defined in section 2 of the Mental Capacity Act 2005.
For those who lack capacity, the three year time limit to start a claim is paused. It begins to run when capacity is regained and will be three years from that date.
To find out more about the time limit on your claim, contact our advisors today.
How Much Compensation Could I Receive If I Tripped And Fell On Uneven Pavement?
If you are eligible to make a personal injury claim, you may be able to receive compensation after falling on uneven pavement. There are two forms of compensation: general damages and special damages.
General damages compensate you for any injuries sustained following the breach of duty. This includes both physical and psychological injuries. Those responsible for calculating your compensation may refer to the Judicial College guidelines to value your potential compensation. This contains brackets of compensation suggested for different injuries.
Below is a table of entries from the JCG and their suggested compensation bracket. The JCG are just guidelines, so these figures are not guaranteed. The top row also does not come from the JCG.
| Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple Serious Injuries and Financial Losses | Serious | Up to £250,000 plus |
| Pelvis And Hip Injuries | Severe (i) | £95,680 to £159,770 |
| Severe (iii) | £47,810 to £64,070 | |
| Ankle Injuries | Very Severe | £61,090 to £85,070 |
| Knee Injuries | Moderate (i) | £18,110 to £31,960 |
| Back Injuries | Moderate (ii) | £15,260 to £33,880 |
| Wrist Injuries | Less Severe (c) | £15,370 to £29,900 |
| Hand | Serious Injury to the Thumb | £15,370 to £20,460 |
| Fracture of Index Finger | £11,120 to £14,930 | |
| Arm or Forearm | Simple Fractures | £8,060 to £23,430 |
Special damages compensate you for any financial losses you have incurred following the accident. However, to be awarded special damages, you must provide evidence of your financial losses. Some examples of special damages include:
- Loss of wages and income.
- Medical bills.
- Travel costs.
- Home adjustments such as, stairlifts, ramps etc.
- Special equipment such as wheelchairs, walking aids etc.
Examples of how you can obtain evidence for special damages include:
- Pay slips
- Bank statements
- Receipts
- Medical bills
For more information about tripped and fell on uneven pavement claims, contact our advisors today.
Make A Pavement Accident Compensation Claim On A No Win No Fee Basis
If you are eligible to claim compensation after tripping or falling on uneven pavement, our solicitors can help. They can use their expertise to help you try and recover compensation for your injuries and losses. Further, they can walk you through your claim, explain any legal terms and help gather evidence.
Importantly, our solicitors work on a No Win, No Fee basis. Therefore, if you are eligible to claim compensation, you may do so through a Conditional Fee Agreement.
This means you will not be required to pay any solicitors fees upfront as the case begins, or as the case moves forward. At the end of the case, and only if you win, your solicitor will deduct a percentage from the compensation to pay their success fee. The size of the percentage is legally capped, meaning you will keep the majority of the compensation should you win. If your case is unsuccessful, there are no solicitors fees to pay.
If you tripped and fell on uneven pavement and want to claim compensation, contact one of our advisors today:
- Contact us online
- Call our advisors: 0800 073 8804
- Speak to our advisors on our online web chat
More Resources About Making A Personal Injury Claim
Here is access to some further information on making a personal injury claim:
- Information on the pavement trip hazard height
- Further information about public liability claims
- Information on slips and falls at a rented property
References:
- How to find your nearest urgent care centre with this NHS resource.
- Further information on statutory sick pay for time off work after your injury.
- Consider this page from the NHS about what to do if you have a broken arm or wrist.
Thank you for taking the time to read this guide about tripped and fell on uneven pavement claims.
