Pavement Injury Claims
Injuries caused by pavement trips are one of the most common types of personal injury compensation claims made in the UK. If you have tripped on a pavement due to a raised paving slab, a pot hole or a damaged drain cover, you may be entitled to make claim.
Defects on council pavements are unfortunately very common. Although councils do try to monitor and repair such defects, raised paving slabs, uneven pavements and pot holes are still very common and can cause significant injuries. If you have had an accident on a council pavement, there are a number of criteria that must be satisfied in order to make a successful pavement accident compensation claim against the council.
When making a compensation claim against the council for a pavement trip, the defect that has caused the accident must be at least 1inch. For example, if you have tripped due to a raised paving slab, the raised area must at least 1inch above the normal level of the pavement. If you have tripped due to a pot hole on the pavement, the pot hole must be at least 1 inch deep. Under section 58 of the Highways Act 1980 the council may have a defence to a pavement accident claim if they can prove they have a good system in place to inspect the pavement that has caused the accident, and they have carried out these inspections on a regular basis. We would look to challenge this defence on the basis that the system put in place by the local authority is either inadequate or has not been enforced properly.