Pavement tripping claims

Since 1993 I have handled a number of pavement trip claims, against a local council or local authority.

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

Public Land

First of all, we have to prove that the accident happened on land "maintained at public expense".

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

In a surprising number of cases, the land actually turns out to be private.

Sometimes utility firms, such as gas or water companies, have caused the trip hazard.

If so, then this can make them responsible, and not the local council.

Highways Act 1980

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

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

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

Realistically, if the local council produces evidence of an adequate system of inspection, then the claim will go no further.

Contributory Negligence

Quite often, the solicitors acting for local councils try to blame the injured person.

In previous cases I have dealt with, the solicitors acting for the local council have been alleged drunkenness.

Other common accusations are failure to wear spectacles, failure to keep a lookout and even prior familiarity with the defect.

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

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

Pavement trip compensation: Case study 1

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

The accident was outside some council flats.

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

At the point where the path met the pavement, a large tree root had created a hazardous tripping point.

The client tripped there and broke his ankle.

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

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

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

The local authority's solicitors denied the claim.

Surprisingly, they tried to allege that the accident had occurred while the client was in his garden shed, and so it was nothing to do with the pavement.

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

The claim reached settlement roughly two years after the accident.

Unbelievably, the pavement had still not been repaired.

Pavement trip claim: Case study 2

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

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

The hazard consisted of a protruding manhole cover. All round it, the pavement was broken.

Severn Trent Water had installed an inspection box there, so they could check the water mains.

But they had failed to reinstate the pavement again afterwards.

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

My client tripped and suffered a fractured ankle.

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

Following her operation, my client was immobile for an extended period. This was particularly awkward because she had 3 young children.

Her mother and two sisters had to help around the house, until she had recovered.

I made a pavement trip 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.

Accordingly I issued county court proceedings.

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

Liability was then admitted.

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

Pavement trip claim: Case study 3

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

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

This 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.

Next morning he had severe back pain. He was unable to move.

As a result, he called an ambulance. He had treatment at the Good Hope Hospital.

I advanced a personal injury claim against Birmingham City Council.

Unusually in a council compensation claim, their loss adjusters admitted liability.

Appropriate damages were negotiated without the need to issue proceedings.

Pavement tripping claim: Case study 4

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

A hole in the pavement caused 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 hole measured roughly 4 inches square.

When her accident happened, my client was with some 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 opinion. Luckily the prognosis was for a complete recovery.

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

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

Appropriate damages were eventually negotiated.

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

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

Quite understandably, local authorities want to prevent the "floodgates" from opening.

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

Common allegation include the following:

• The land was in private ownership
• Third party contractors were to blame
• The defect had arisen suddenly, so it had not been caught by the 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:

• Obtain photographs before the evidence is destroyed
• Press the local council to provide disclosure of inspection records
• Undertake a Land Registry search, if the local council denies owning the land
• Issue court proceedings if co-operation from the local authority is not forthcoming.

Obtaining 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, in a tarmac pavement.

If so, then the best approach is to place a metre rule over the top. You then measure the distance from the metre rule to the bottom of the dip.

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

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

Finally it is 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 pavement trip compensation claim claim against the council, please either:

Thanks for visiting. I look forward to hearing from you.

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UK pavement tripping injury claim legal advice.
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