Pavement tripping claims - Claim compensation against the council

If you would like to discuss making a compensation claim against the council following a pavement tripping accident, please:

---

Pavement tripping claim overview

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

To win this type of claim, we have to jump through several hoops.

First, we have to prove that the land where the accident happened was "maintained at public expense".

Establishing the involvement of the local authority is not always straightforward. This is especially so in the case of private access roads.

Another complication is where utility firms, such as gas or water companies, have been working in the area.

If we can cross those hurdles, then the compensation claim against the council is advanced on the basis of an allegation of breach of the Highways Act 1980.

Faced with such a claim, the local council must then prove it had a suitable system for inspecting the pavement and undertaking repairs.

Realistically, many such pavement trip compensation claim fail, if the local council produces adequate documentary evidence.

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

In previous cases I have seen allegations of drunkenness, failure to wear spectacles and "failure to keep a lookout".

---

Pavement tripping claim - case study 1

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

My client tripped and suffered a fractured ankle.

Literally a couple of days before the accident, my 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, Warwick District Council.

The local authority's solicitors tried to defend the claim. They alleged that the accident had taken place elsewhere.

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

Unbelievably, two years after the accident, the pavement had still not been repaired.

---

Pavement tripping claim - case study 2

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

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

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

Obviously, Severn Trent Water had installed an inspection box, so they could check the water mains. But they had failed to repair the pavement again afterwards.

As can be seen from the photograph on the right, 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 come and help around the house, until she had recovered.

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

Clearly one of them was to blame. Yet despite this, they both denied liability.

Accordingly I issued 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 tripping claim - case study 3

Next we have a pavement tripping accident that took place in Kingstanding, a run-down area of North Birmingham.

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

This had been installed so as to obstruct the pavement. No attempt had been made to make it level with the surrounding paving slabs.

My client, who uses a walking stick, was going home in the dark.

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

After that he got up and managed to walk home.

However next morning he had severe back pain. He was unable to move. As a result, he called an ambulance, which took him to the Good Hope Hospital for treatment.

I advanced a personal injury claim against Birmingham City Council.

Unusually in a pavement trip claim against the council, the relevant loss adjusters made a prompt admission of liability.

Appropriate damages were negotiated without the need to issue proceedings.

---

Pavement tripping claim - case study 4

Next we have another claim against the council, this time from the Erdington area of North Birmingham.

A hole in the pavement caused the accident.

The hole resulted from an unguarded utilities access chamber in the middle of the pavement, where the lid was missing.

The gap measured roughly 4 inches square.

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

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 commissioned an independent orthopaedic opinion. Luckily the prognosis was for a complete recovery.

After that, I made a pavement trip 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 agreed.

---

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

As a rule, pavement tripping 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 allege:

• The land was in private ownership
• The claimant was drunk
• In the case of elderly clients, alleging that he/she failed to wear glasses
• Third party contractors were to blame
• The defect had arisen suddenly, so had not been caught by the inspection system
• As the injured person lives nearby, he/she should have known about the hazard
• The injured person "overbalanced and fell", or "failed to look where he/she was placing his/her 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 to the bottom of the dip.

On the right is a photograph showing this, from a live 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 council compensation claim, please either:

UK pavement tripping injury claim legal advice.
pavement trip claims *