Pavement trip claims

Welcome to the website of Boris Kremer, a UK personal injury solicitor handling pavement trip claims for compensation against local councils, under the Highways Act 1980

Sprain or broken ankle? If you would like to discuss making a pavement trip accident claim against the council, please either:

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Pavement trip claim - case study 1

I previously acted for a client living in Leamington Spa, Warwickshire. He tripped outside his flat and suffered a broken ankle injury.

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

His new business involved exporting reconditioned photocopiers to clients around the world.

At the point where the path to his flat met the pavement, a large tree root had distorted the pavement. This created a hazardous trip point.

Several local residents had complained previously to the local authority, Warwick District Council.

Despite their complaints, nothing had been done.

The accident happened when the client was walking out to his car. In his arms he was holding photocopier parts.

When the client reached the distorted pavement, he tripped and fell.

As a result the client suffered a broken ankle. His foot was so badly damaged that he was unable to get up. He had to be helped back to the flat.

The client was taken to Warwick Hospital by ambulance. Surgery took place.

It was many months before the client was fully mobile again.

I made a compensation claim against the council.

In this case, the client was of Portuguese origins. Perhaps because of difficulties in understanding his accent, the hospital staff recorded his accident as having taken place somewhere else.

This error in his hospital records became compounded in the subsequent medical report. The solicitors acting for the local authority seized upon this. They tried to prove that his trip accident compensation claim was fraudulent.

Proceedings were issued. Finally, shortly before trial, the council offered sensible compensation, which the client accepted.

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Pavement trip claim - case study 2

The next pavement trip case happened in the King's Heath area of South Birmingham.

Outside the client's house, the water company had fitted an inspection hatch. Unfortunately they had failed to reinstate the pavement.

My client tripped and sustained a broken ankle. She was taken to hospital, where an operation took place to insert a plate and pins.

As a result of the accident, my client was immobile for an extended period. This was particularly inconvenient because she had 3 children. My client required a great deal of domestic help, and her mother and two sisters assisted in this regard.

I put forward a pavement trip accident claim firstly against Birmingham City Council and secondly against Severn Trent Water.

Clearly one or other of the two defendants was to blame. Despite this, the opposing loss adjusters both denied liability.

Accordingly I issued proceedings.

Solicitors were then appointed to represent both defendants. Primary liability was then admitted.

Eventually sensible compensation was offered.

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Pavement trip claim - case study 3

Another of my previous clients lives in the Kingstanding area of North Birmingham.

In that case the tripping point consisted of a large manhole cover.

As can be seen from the photograph on the right, no attempt had been made to make it level with the surrounding area of pavement.

The accident happened at night. The client was walking home. He walks with a stick.

When he got to the protruding manhole cover, my client tripped over and fell to the ground. As result he suffered a back injury.

The next morning the client was completely unable to move.

He was taken by ambulance to the Good Hope Hospital for treatment.

I put forward a personal injury claim against the council, Birmingham City Council.

Unusually, their loss adjusters made a prompt admission of liability.

Appropriate compensation was negotiated without the need to issue proceedings.

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Pavement trip accident claim - case study 4

This was another pavement trip claim from North Birmingham, this time from Erdington.

The trip point in this case consisted of an unguarded utilities access chamber, or open manhole, in the middle of the pavement.

The lid was missing, and the resultant hole measured roughly 4 inches square.

My client tripped and fell to the ground, and afterwards she was taken to hospital. X-rays were taken, and the hospital initially diagnosed a sprained ankle. However the injury did not resolve, and later it was discovered that the ankle was fractured.

An orthopaedic opinion was obtained. Luckily the prognosis was for a complete recovery.

I made a compensation claim against the council and also Severn Trent Water. They agreed to compensate the client, and to share liability between them on a 50/50 basis.

Appropriate compensation was eventually agreed.

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Tactics used by local councils

As a rule, pavement trip claims tend to be contested. Quite understandably, local authorities want to prevent the "floodgates" from opening.

I have encountered the following tactics in pavement trip claims:

• Alleging that the accident happened somewhere else
• Alleging that the land in question did not belong to the local authority, but was instead in private ownership
• Blaming the claimant by alleging that he/she was drunk, on drugs, shortsighted etc
• In the case of elderly clients, alleging that he/she failed to wear glasses, use a walking stick etc
• Alleging that independent contractors were to blame
• Despite the defect, alleging that the inspection system was adequate
• Alleging that the defect had arisen suddenly, and accordingly had not been caught by the inspection system
• When the injured person lives nearby, alleging that he/she should have been fully aware of the hazard and taken avoiding action
• Alleging that the injured person "overbalanced and fell", or "failed to look where he/she was placing his/her feet"
• Refusing to acknowledge the claim until court proceedings are issued.

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The role of the solicitor

In my experience, pavement trip accident claims require a particular type of approach. The solicitor who fights such cases must:

• Obtain photographs of the trip hazard before repair work takes place and the evidence is destroyed
• Press the local council to provide disclosure of relevant inspection and maintenance records
• If the local authority denies ownership of the land, then a land registry search will be required to establish ownership
• Issue court proceedings if co-operation from the local authority is not forthcoming.

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The final word

Although pavement trip claims are usually contested, they are winnable. If you would like an initial free assessment of your potential claim, please either: Thank you for visiting, Boris Kremer

UK pavement tripping claim legal advice
Pavement trip accident claim
Trip accident compensation*