Pavements, where would be without them! We rely on them to get to work, school, or the shops without a second thought. But when they fall into disrepair as they often do, they can quickly become hazardous. A raised paving stone, a cracked slab or a hidden pothole can cause a sudden fall that leaves you with broken bones, sprains, head injuries or lasting mobility problems. For some people, what begins as a stumble ends up changing their daily routine, their ability to work, or even their confidence to go out.

If this has happened to you, the key question is whether the council is at fault. The law does provide a route to compensation, but it depends on the circumstances.

The Council’s Duty

Local authorities are legally responsible for maintaining public access pavements under the Highways Act 1980. Section 41 of the Act requires councils to keep pavements and footpaths in a reasonable state of repair. This means they must inspect them regularly, deal with hazards, and make sure the public can use them safely.

Defects that are commonly at the centre of claims include:

  • Raised or sunken paving stones
  • Cracks and potholes
  • Loose kerbstones
  • Poorly lit or obstructed walkways

When these are ignored, councils may be held liable. However, they often argue that they had a reasonable system of inspection or that the defect was too minor to count as a danger. This is why the detail of each case matters.

What You Need to Show

A successful claim for a pavement trip, like any injury claim, is built on evidence. You must show that the pavement was unsafe, that the council had failed in its duty, and that you were injured as a result. In practice, this usually involves:

  • Demonstrating that the defect was significant – a trip hazard of around one inch (2.5 cm) is often enough however this is not set in stone and the location can be relevant
  • Proving the council knew, or should have known, about the defect through inspections or reports or lack thereof
  • Showing they failed to repair it or warn the public of the hazard and potential danger
  • Your injuries were caused by the fall; this will usually be supported by medical evidence and your own testimony.

Because councils defend these claims robustly, experienced legal advice is vital to ensure no detail is overlooked.

Injuries and Their Impact

The types of injuries caused by defective pavements vary widely. Some people suffer sprained ankles or torn ligaments, others break bones, and more serious accidents may lead to head injuries or lasting psychological effects. Compensation can reflect not only the pain and suffering you experience but also loss of earnings, medical expenses, and the long-term effect on your life.

Funding a Personal Injury Claim

One of the biggest worries for many people is cost. At Ison Harrison, we offer no win, no fee funding. This means you do not pay anything up front, you owe nothing if your claim is unsuccessful, and if you win, we retain a pre-agreed percentage of your damages (25% inc. vat). It is a straightforward, risk-free way to seek justice.

Why Clients Trust Us

We have, over many years. helped thousands of clients’ secure compensation after accidents caused by council negligence. Our Lexcel accreditation is an independent mark of quality, showing that our service is both professional and client-focused.

What To Do If You’ve Been Injured

If you have had an accident caused by a pavement defect, there are simple but important steps to take:

  • Photograph the defect, including something to show scale. This need not be a ruler, but it does need to have a recognisable size e.g.  50p coin
  • Record your injuries and seek medical treatment
  • Contact a solicitor as soon as possible, personal injury claims are subject to strict time limits

Contact Ison Harrison Today

If you believe your local council failed in its duty and you have suffered as a result, our team is here to help. We will assess your case free of charge, explain your options clearly, and guide you through every stage of the process. With our no win, no fee promise, you can pursue your claim with complete peace of mind.

To discuss your injury claim, call our team today on 0113 284 5000 or email pi@isonharrison.co.uk.