Slip and Trip Claims Against the Local Authority

1. What type of accident can I claim for?

If you have sustained an injury in the street, on the public highway or on publicly owned land due to a raised or wobbly paving slab, a pothole or some other defective and dangerous hazard, you may be able to make a claim compensation for your injury and losses, from the Local Authority.

You may also be able to claim if your injury was caused by slipping on icy or snowy pavements

2. What do I need to do following an accident?

  • Your priority will of course be your injury but it is always helpful to have a photograph showing the defect which caused you to fall.
  • It is also always helpful if you can go back and measure the defect and take photographs. For example, where you trip over a raised paving slab, a photograph showing the height of the defect should be taken. You can use a ruler or even a 50p piece.
  • If there are witnesses to your fall, it is important to get their name and contact details as they may need to be contacted to give a statement to assist with your claim.
  • You can report the accident to the Highway Authority although, if you do, you should ensure that you have taken photographs and measured the defect. The Highway Authority may repair the defect which will mean that the evidence of it could then disappear.

3. How do I know if my claim will succeed?

For a claim to succeed, it has to be proved that the Highway Authority were at fault. This is often known as negligence. The Highways Act 1980 also sets out the duties which Highways Authorities have to maintain roads and footpaths. We will take full details from you and advise if the defect which caused your slip or trip will give rise to a claim.

4. What Injury can I claim for?

Claims are regularly brought for a range of injuries covering strains and sprains up to fractures and much more serious injuries. If you have an injury that you are concerned about, then you should seek medical attention.

5. How much compensation will I receive?

The compensation for your injury depends upon the severity of the injury itself. There are published guidelines which give a range of compensation for different injuries. When your claim is ready for settlement, we will carry out detailed research and advise you on the appropriate compensation you should receive.

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