What Is The Pavement Slab Trip Height For A Personal Injury Claim?
By Stephen Hudson. Last Updated 24th January 2024. Did you know that if you’ve been injured following a slip, trip or fall caused by a pavement defect, you could be entitled to claim compensation? While some falls result in minor injuries, it’s also possible for the victim to sustain serious injuries which take many months, or longer, to fully recover from. If that’s the case, when would you be entitled to claim and who would you sue? Well, in this guide, we’re going to look at the legislation regarding the maintenance of public highways and the pavement slab trip height that is required before claims can be made.
As well as raised paving slabs, a claim might be possible for trips caused by potholes, raised tree roots and broken kerbstones. In general, to be able to seek compensation, the defect that caused you to fall will either need to be larger than 1 inch high or 1 inch deep. Therefore, we’ll look at how you can prove this was the case and then look at when a local authority could be liable for the defect that caused your accident.
Legal Expert offers a no-obligation consultation of any claim you’re considering. Our advisors also provide free legal advice on your options. If your claim has a chance of success, they could refer you to a personal injury solicitor who’ll manage your case on a No Win No Fee basis.
To begin your claim with Legal Expert today, please call us on 0800 073 8804. Otherwise, please continue reading to find out more about when pavement accident claims are possible.
Select A Section
- What Is The Paving Slab Trip Height And When Could You Claim?
- Who Could A Pavement Trip Hazard Claim Be Made Against?
- Evidence For Trip Hazard Or Fall Injury Claims
- Raised Paving Trip And Fall Injuries – Compensation Examples
- No Win No Fee Pavement Slab Trip Height Claims
- Where To Learn More
What Is The Paving Slab Trip Height And When Could You Claim?
There is no UK law which defines a pavement slab trip height for defects that may be considered a tripping hazard. Local authorities will have their own criteria for when pavement defects are considered actionable.
The Occupiers’ Liability Act 1957 (OLA) establishes that parties responsible for controlling a public space owe those who visit it a duty of care to ensure their reasonable safety.
If you have been injured after tripping on a pavement slab, you may have valid grounds to claim compensation from the local authority responsible for that pavement if you can prove the following:
- You were owed a duty of care.
- This duty of care was breached.
- You suffered an injury as a result.
For more advice on eligibility requirements for starting a pavement accident claim, get in touch with our advisors for free today
Who Could A Pavement Trip Hazard Claim Be Made Against?
In most circumstances, your claim will usually be against the local authority. That’s because, according to the Highways Act 1980, they have a duty of care to maintain footpaths, roads and walkways in their area. Therefore, if a defect has not been repaired in accordance with their duty to maintain the road (see the next section for more details), the claim would be made against the local authority.
In some cases, though, you might need to bring a claim against a business or building owner if they are responsible for the land on which you were injured. In some towns, you may see paving stones used to identify the highway boundary. This would mean accidents on one side of the boundary would be against the local authority but if the defect was on the other side, then the landowner would be responsible.
Evidence For Trip Hazard Or Fall Injury Claims
You will need to gather evidence to make a successful personal injury claim for injuries caused by raised or broken paving slabs. Collecting sufficient evidence could help prove who was liable for the accident and the severity of your injuries.
Examples of evidence that could be gathered for your claim could include:
- Medical records that confirm the injuries you’re claiming for and the treatment you’ve received for them.
- Photos of your injuries and the area where your accident occurred that shows the raised or broken slabs.
- Any video footage that shows your accident, such as CCTV footage.
- Contact details of any witnesses that saw your accident.
When making a personal injury claim for injuries suffered due to a raised pavement slab, you will need to take measurements. It is important to do this before the defect is fixed. You will need to illustrate the depth and width of the defect using a ruler, tape measure and capturing these in a photograph.
Contact our advisors for more information on making a personal injury claim for raised paving slabs. Our advisors may be able to connect you with one of our solicitors who could help you gather evidence, provided you have a valid case.
Raised Paving Trip And Fall Injuries – Compensation Examples
If you have evidence to support a claim for injuries caused by raised paving or broken paving slabs, then you likely want to learn more about how much compensation you could receive. Compensation payouts can vary and are influenced by circumstances such as the severity of the injuries being claimed for.
To help provide some insight on compensation payments, you can view the table below which covers various injuries people may claim for if injured by broken or raised paving slabs. This includes the potential value of a soft tissue injury claim.
The table contains compensation brackets from the latest edition of the Judicial College guidelines. If a solicitor supports your claim, they may use these guidelines for reference when calculating the value of your claim. The brackets are based on payouts handed out for certain personal injury claims made in the past. However, they are not guaranteed. Also note that the first entry is an estimated figure that is not based on the Judicial College guidelines.
| Type Of Injury | Severity | Compensation | Detailed Information |
|---|---|---|---|
| Multiple Serious Injuries With Special Damages | Serious | Up to £250,000+ | If you’re claiming for multiple serious injuries following a trip on a pavement slab, then you may receive a payout for all of your injuries as well as any related special damages, which may include the costs of home care provisions. |
| Back Injury | Severe (iii) | £38,780 to £69,730 | Injuries under this bracket may include disc lesions, disc fractures or soft tissue damage that leads to chronic conditions. |
| Back Injury | Moderate (ii) | £12,510 to £27,760 | This bracket covers injuries like muscle or ligament damage causing backache and prolapsed discs requiring laminectomy. The extent of the injury, amount of pain caused and amount of treatment required will help determine the compensation amount. |
| Arm Injury | Injuries Resulting in Permanent and Substantial Disablement | £39,170 to £59,860 | A serious fracture to one arm or both arms. There is significant permanent residual disability. |
| Neck Injury | Severe (iii) | £45,470 to £55,990 | Fractures, dislocations and severe soft tissue injuries that result in permanent significant disability and chronic conditions. The amount will be based on factors like time to recovery or managable status and amount of treatment required. |
| Shoulder Injury | Severe | £19,200 to £48,030 | Shoulder injuries in this bracket will cause significant disability. They are often associated with neck injuries and usually involve damage to the brachial plexus. |
| Hip Injury | Moderate (i) | £26,590 to £39,170 | This bracket is for a significant injury to the hip but where any disability, even though permanent, will not be major. |
| Wrist Injury | (b) | £24,500 to £39,170 | This bracket applies to wrist injuries that result in significant permanent disability, but some useful movement remains. |
| Knee Injury | Moderate (i) | £14,840 to £26,190 | Injuries such as a dislocation or torn meniscus are covered in this category. Factors such as weakness, wasting and instability will be used to determine the amount awarded. |
| Leg Injury | Fracture (c) (iii) | Up to £11,840 | The award in this case is for a simple fracture of the Fibula or Tibia bone in the leg. Ongoing symptoms such as aches, pains and restricted movement will be used to determine the level of award. |
If we support your claim, we could arrange for you to visit a local specialist for a medical assessment. A report from this can provide crucial evidence for your case and help determine the value of the injuries you are aiming to claim for.
You can contact our team of advisors to ask questions about how much your injury claim could be worth.
No Win No Fee Pavement Accident Claims
We know that our clients want to pursue justice and seek compensation but not have to worry about the costs of hiring a legal specialist. That’s why our solicitors offer a No Win No Fee Agreement, called a Conditional Fee Agreement, for all cases they take on.
The main benefits of a Conditional Fee Agreement are:
- There is nothing to pay upfront so your claim can begin quickly.
- You don’t have to pay any fees during the course of your claim.
- If the claim fails, you won’t have to pay any fees at all.
- Should your solicitor win your claim, you won’t have to send a payment to them as they’ll receive a small percentage of your compensation called a success fee. This is capped by legislation.
If you’d like to know more about No Win No Fee Agreements or would like to check if you’re eligible to claim, speak with a member of our team today.
Contact Our Team
Hopefully, you now understand the pavement slab trip height that’s required before you can make a personal injury claim. If you have read this guide and decided you’d like to seek compensation with Legal Expert, here are the best ways to get in touch:
- Call our specialist advisors on 0800 073 8804 for free claims advice.
- Provide details of your accident claim by sending an email to info@legalexpert.co.uk.
- Ask us to call you back when it’s convenient by completing our online claims form.
- Or connect with a member of our online team via our live chat channel.
We can help you begin your claim 24-hours a day, 7-days a week. Remember that we provide free legal advice and a no-obligation assessment of any claim. Should your claim have a chance of success, we could introduce you to one of our No Win No Fee solicitors.
Where To Learn More
You’ve now come to the end of this guide that set out to define the pavement slab trip height when making personal injury claims. To assist you further, please take a look at the relevant guides and resources listed below.
- Local Authority Claims – Information and guidance on making seeking council compensation payouts when injured on their property.
- Slips, Trips And Falls At Work – This guide explains when you could be eligible for compensation following a fall at work.
- Broken Bone Accident Claims – Information on accidents that could lead to a broken or fractured bone and when you could claim compensation.
- Report A Pothole – This government portal allows you to let your local authority know about the location of potholes in your area.
- Highways England – The organisation who maintain, operate and improve the motorways and major A roads in England.
- NHS Broken Bone Information – Guidance from the NHS on how to tell if you’ve suffered a broken bone and when you’ll need treatment.
- Spinal Cord Injury Solicitors
- Injury In Ibiza Claims
- Nut Allergy Compensation Claims
- Can I Claim Compensation For Somebody Else?
- How To Get More Money From A Personal Injury Claim
- Boat Accident Claims
- Different Types Of Personal Injury Claims
- How Do I Know If I Have A Valid Claim For Whiplash?
- Accident Claims In Scotland Guide
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