Can I claim against the council for compensation after a pavement tripping accident?

I have previously handled several claims against a local council or local authority, following pavement tripping accidents.

To win this type of case, we have to cross several hurdles.

Public Land

To begin with, we have to prove that the accident took place on land "maintained at public expense".

Proving that the local council owned the land is not always easy.

Surprisingly, sometimes the land actually turns out to be private.

On other occasions utility firms, such as gas or water companies, have caused the tripping hazard.

If so, then this can make them responsible instead of the local council.

Highways Act 1980

Provided we can overcome those hurdles, then the compensation claim against the council will be on the basis of breach of the Highways Act 1980.

Under the 1980 Act, the local council has a duty to "maintain the highway". This includes the pavement.

To fulfil that duty, the local authority must then prove it operated a suitable system for the pavement to be inspected and fixed.

Realistically, if the local council can produce evidence of an adequate system of inspection, then the claim will fail.

Contributory Negligence

Quite often, the local authority will try to blame the injured person.

In previous cases I have handled, the solicitors acting for the local council have alleged drunkenness.

Other common accusations are failure to wear glasses, failure to keep a lookout and even prior awareness of the defect.

Generally speaking, such accusations do not stand up to close scrutiny.

Why should somebody have to "look at the ground with every step he takes"?

Claim against the council: example 1

The first case study concerns a tripping accident in Leamington Spa, Warwickshire.

The accident was outside a block of council flats.

Leading from the flats to the pavement was a concrete path.

Where the path met the pavement, a large tree root had broken the pavement and so created a hazardous tripping point.

The client tripped and broke his ankle.

Just two days before the accident, the client had become self-employed.

The accident badly disrupted his business for the first year of trading.

I put forward a compensation claim against the council, which in this instance was Warwick District Council.

The local authority's solicitors denied the compensation claim.

Surprisingly, they alleged that the accident had happened while the client was in his garden shed, and not on the pavement.

This was firmly denied.

Shortly before trial, the local authority put forward compensation proposals that were accepted.

The claim reached settlement about two years after the accident.

Despite the claim, the pavement had still not been repaired by then.

Claim against the council: example 2

The next case study is from the Birmingham district of Kings Heath.

In that case, the pavement tripping hazard was outside the client's house.

The hazard was a protruding manhole cover. Around it, the pavement was broken.

Severn Trent Water had installed an inspection box there.

But they had failed to reinstate the pavement again afterwards.

As can be seen from the photographs, the result was a dangerously uneven section in the pavement.

My client tripped and suffered a badly broken ankle.

She needed to have an operation to insert a plate and pins.

Following her operation, my client was immobile for a long period of time. This was particularly awkward because she had 3 young children.

Her mother and sisters helped around the house, until she had recovered.

I made a compensation claim, firstly against Birmingham City Council, and secondly against Severn Trent Water.

Clearly one of them was to blame.

Yet despite this, they both denied liability.

I therefore issued county court proceedings.

One firm of solicitors was appointed, which acted for both defendants.

Liability was then conceded.

The litigation continued for a further short period until sensible compensation was offered.

Claim against the council: example 3

The next pavement tripping accident was in Kingstanding, a blue-collar area of North Birmingham.

The tripping point in this case consisted of a large manhole cover.

The manhole had been installed obstructing the pavement.

No attempt had been made to make it level with the surrounding paving slabs.

My client uses a walking stick. He was walking home in the dark.

He tripped over the manhole cover and fell to the ground.

The next morning he had severe back pain and was unable to move.

He called an ambulance and had treatment at the Good Hope Hospital.

I advanced a personal injury claim against Birmingham City Council.

Unusually in a compensation claim against the council, their loss adjusters admitted liability quite promptly.

Appropriate damages were negotiated without the need to issue proceedings.

Claim against the council: example 4

The next case study is from the Erdington area of North Birmingham.

A hole in the pavement was the cause of the accident.

The hole was an unguarded utilities access chamber in the middle of the pavement. This was supposed to have a lid, but the lid was missing.

The resulting gap measured roughly 4 inches square.

When her accident happened, my client was with a group of friends. They were returning to her home, from the pub.

My client's foot went into the hole, and she tripped and fell to the ground.

Her ankle was hurting badly, so she attended at Good Hope Hospital.

X-rays were taken, but the hospital failed initially to diagnose a fractured ankle.

I arranged an independent orthopaedic examination. Luckily, the prognosis was for a complete recovery.

After that, I made a compensation claim against the council and also against Severn Trent Water.

The defendants agreed to compensate my client, and to share liability between them on a 50/50 basis.

Appropriate compensation was eventually negotiated.

Making a claim against the council - Tactics used by local authorities

As a rule, pavement tripping claims tend to be contested.

No doubt, local authorities want to prevent the "floodgates" from opening.

Faced with a compensation claim, the council will often try to avoid responsibility.

Common allegation include the following:

• The land was privately owned
• Nearby contractors were to blame
• The defect had arisen suddenly, so it had not been caught by the regular monthly inspection system
• The injured person "overbalanced and fell", or "failed to look where he was placing his feet"

The role of the solicitor when making a claim against the council

In my experience, pavement tripping claims require a particular approach.

The solicitor must:

• Swiftly get photographs before the evidence is destroyed
• Press the local council to disclose its inspection records
• Do a Land Registry search, if the local council denies owning the land
• Start court proceedings if co-operation from the local authority is not forthcoming.

Getting photographic evidence

Before anything else, it is always a good idea to obtain photographs.

Sometimes the accident is caused by a smooth dip or hollow.

If so, then the best approach is to place a metre rule over the top. The distance from the metre rule to the bottom of the dip can then be measured.

On the left is a photograph showing this, from a case against Weymouth and Portland Borough Council, where liability was admitted.

Long-range photographs are helpful. These should show the hazard in the context of nearby landmarks, such as street names or house numbers.

It is also a good idea to include photographs taken from "all points of the compass", to show the defective pavement when viewed by pedestrians approaching from different directions.

The final word

If you would like an initial free assessment of your potential claim against the council, please either:

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