Tripping accidents on public pavements and roads can happen in an instant but the consequences can last a lifetime. Whether it’s a broken wrist from a fall on a raised paving slab or a serious head injury caused by a pothole, these incidents can be painful, disruptive, and costly. If you’ve been injured in a public place, you may be wondering whether you can claim compensation and how to prove that someone else was at fault.
In this blog, we’ll explore how liability is established in tripping claims, the legal duties of local authorities in England and Wales, and how Ison Harrison Solicitors can help you pursue justice on a no win, no fee basis.
The Legal Duty to Maintain Public Highways
In England and Wales, local authorities have a clear legal responsibility to maintain public highways, including pavements, footpaths, and roads, in a safe condition. This duty is set out in Section 41 of the Highways Act 1980. It means councils must take reasonable steps to inspect, repair, and manage the surfaces people walk and drive on every day.
But what does “reasonable” mean in practice? It doesn’t mean that every crack or uneven surface must be fixed immediately. Instead, councils are expected to have a system in place for regular inspections and to respond appropriately to known hazards. If they fail to do so, and someone is injured as a result, they may be held legally responsible.
What Makes a Tripping Hazard Legally Actionable?
Not every trip or stumble will lead to a successful claim. To prove liability, you must show that the defect was dangerous and that the local authority failed to deal with it in a reasonable timeframe.
For example, a paving slab that’s raised by more than 25mm (about an inch) is often considered a tripping hazard. But context matters. A small defect in a busy city centre may be more dangerous than a larger one in a quiet rural lane. Courts will consider the location, the visibility of the defect, how long it had been there, and whether the council had a reasonable opportunity to fix it.
Building a Strong Case: What Evidence Do You Need?
Proving liability in a tripping claim relies heavily on evidence. The more information you can gather, the stronger your case will be.
Start by taking clear photographs of the defect as soon as possible after the accident. Include something for scale or with stated measurements, like a coin or ruler to show the depth or height of the hazard. If there were any witnesses, ask them for their contact details and a brief statement of what they saw.
While it may be tempting to do so, do not report the matter to the local authority/ party with ownership/control of the accident site until you have spoken with a solicitor.
If you’ve received medical treatment, your records will help demonstrate the seriousness of your injuries. In some cases, it may also be possible to obtain inspection records from the council to show whether they were aware of the defect or had failed to carry out proper checks.
Can the Council Defend the Claim?
Yes, and they often do. Under Section 58 of the Highways Act 1980, a local authority can defend a claim by showing that they took all reasonable steps to keep the highway safe. This might include evidence of regular inspections, prompt repairs, or a lack of prior complaints about the defect.
However, if the council cannot demonstrate that they followed their own maintenance policies or ignored known hazards, the defence may not succeed. That’s why it’s so important to have a solicitor who understands the law and knows how to challenge these arguments effectively.
No Win, No Fee Tripping Claims with Ison Harrison
At Ison Harrison, we understand how overwhelming it can be to deal with an injury, especially when it wasn’t your fault. That’s why we offer tripping claims on a no win, no fee basis. This means you won’t pay any legal fees unless your claim is successful, giving you peace of mind and access to justice without financial risk.
Our team of expert personal injury solicitors has decades of experience in holding local authorities accountable and securing compensation for injured clients. We’re committed to providing clear, compassionate legal advice every step of the way.
Contact Us Today
If you’ve been injured in a tripping accident on a public pavement or road, don’t wait. The sooner you act, the easier it is to gather evidence and build a strong case.
Contact Ison Harrison Solicitors today for a free, no-obligation consultation. We’ll listen to your story, explain your options, and help you take the next step towards the compensation you deserve. Call 0113 284 5000 or email pi@isonharrison.co.uk.
