Have you been injured as a result of a damaged footpath? Find out if you are eligible to make a claim for compensation.
We are a trusted claims management company helping people make personal injury claims for over 15 years.
Footpath Injury Claims
If you were injured because of a hazard on a public footpath, you may be able to make a footpath injury claim. You could receive compensation for your pain, suffering, medical costs and any other financial losses and expenses you incurred.
Common hazards on footpaths include uneven or sunken paving slabs, raised kerbs, tree roots, broken drain covers, potholes and poor lighting. These can lead to various injuries, such as sprains, strains, broken bones and long-term mobility issues.
If you would like to know whether you have a valid footpath injury compensation claim, call free on 0800 470 0472 or request a call back. You will receive a case assessment, completely free of charge and with no pressure or obligation to proceed.
Key points about footpath injury claims
- Eligibility: You may be able to claim if you were injured on a damaged or poorly maintained public footpath.
- Council Responsibility: Local authorities must take reasonable steps to inspect and maintain footpaths to keep them reasonably safe for use.
- Time Limit: Adults generally have 3 years from the date of the accident to make a claim.
- Compensation: Damages are based on the type of injury, lost income, and other financial losses.
- No Win, No Fee: Your solicitor will act on a no win, no fee basis — you only pay them a fee if the claim is successful.
Table of Contents
Can I make a footpath injury claim for compensation?
Yes. If you’ve been injured due to a footpath accident on private or public property, you may be entitled to make a personal injury claim.
The easiest way to find out if you can make a successful claim is through a free consultation with a specialist personal injury solicitor. They will take on your case if:
- Another party, such as the local council or a property owner, had a duty of care towards you.
- They breached this duty and failed to maintain the footpath.
- You suffered an injury or injuries as a direct result of their negligence.
- You are within the legal time limit to start a claim (generally three years from the accident).
Who is responsible for injuries caused by footpath accidents?
Local authorities are usually responsible for footpath accident claims. Under the Highways Act 1980, local and county councils must take reasonable steps to keep public footpaths safe. Their responsibilities include:
- Inspect footpaths at reasonable intervals, depending on how busy the area is.
- Identify and repair hazards within a reasonable timeframe.
- Keep accurate inspection and maintenance records.
- Use clear warning signs or barriers if a hazard cannot be fixed immediately.
If this duty is breached and you have an accident on a footpath, you could make a claim for compensation against the council.
Can I make a personal injury claim for a footpath accident on private property?
Yes. You may be entitled to claim compensation for a footpath accident on private property, such as in an apartment complex, shopping centre, hotel or private estate. In these cases, a public liability claim can be made against the property owner or occupier.
Under the Occupiers’ Liability Act 1957, owners and occupiers must take reasonable steps to keep visitors safe. This includes maintaining footpaths, promptly fixing hazards, providing proper lighting in the area, and using warning signs when needed.
If a property owner fails to meet these responsibilities and you have an accident on their premises, you could be eligible to make a pavement injury claim.
What is the time limit to make a footpath injury compensation claim?
If you slipped or tripped on a footpath defect, you typically have three years from the date of the injury to start your claim, subject to certain exceptions. This time limit is set by the Limitation Act 1980, under which there are also a few exceptions to the three-year limit:
- A child injury claim can be made at any time before they turn 18, regardless of when the accident occurred. After turning 18, they have until their 21st birthday to start a claim.
- The time limit is suspended if the injured party lacks mental capacity under the Mental Capacity Act 2005. In this case, a litigation friend could claim for them at any time.
How do I make a footpath accident claim?
The first stage is to contact a footpath injury solicitor to discuss your accident and eligibility. If you do have a valid claim and would like to proceed, your solicitor will start gathering evidence to support your claim and build a strong case.
The details of your accident will be set out in a letter of claim, which will be sent to the party responsible for maintaining the footpath where you suffered your injury.
If liability is accepted, your solicitor will then begin negotiating a fair compensation for your accident, which will account for all of your pain and losses.
The vast majority of footpath injury claims (over 96%) are settled out of court. But if liability is denied or a suitable settlement cannot be reached, court proceedings will be issued.
How much compensation can I claim for a trip on a footpath?
The amount of compensation you receive will be based on the severity of the injuries incurred (general damages) and the financial losses and expenses incurred as a result (special damages).
Your solicitor will be able to give you a fair estimate of your compensation prospects after a free case assessment. You can also use our compensation calculator to get an idea of how much you could receive if you were injured on a public footpath.
Some examples of compensation figures include:
| Injury Type | Description | Compensation |
|---|---|---|
| Elbow Injuries | An elbow injury, such as a simple fracture or tennis elbow, with no permanent functional impairment. | Up to £17,000 |
| Wrist Injuries | A wrist injury causing some permanent disability, such as ongoing pain and stiffness | £17,000 - £32,000 |
| Damage To Teeth | Loss or serious damage to one front tooth | £2,900 - £5,200 |
| Ankle Injuries | A severe ankle injury requiring extensive treatment and causing permanent walking difficulty | £41,000 - £66,000 |
| Knee Injuries | A moderate knee injury causing minor instability or weakness | £20,000 - £35,000 |
| Back Injuries | A minor back injury recovering fully within 1-2 years | £5,800 - £10,000 |
| Scarring To The Face | Facial scarring where plastic surgery has reduced, or could reduce, the worst impact, with some additional psychological effects | £12,000 - £40,000 |
Can I make a footpath injury claim on a No Win No Fee basis?
Yes. If you can make a public footpath injury claim, your solicitor will offer you a no win no fee agreement. This means that:
- You don’t have to pay them anything upfront to start your claim.
- You will get all the legal support you need with no financial risk.
- If your claim is successful, a success fee will be deducted from certain parts of your compensation to pay your solicitor (capped at 25% of those damages).
- If you lose the claim, you will not have to pay a single penny out of pocket.
What are the most common causes of accidents on public footpaths?
Local authorities and councils are legally responsible for maintaining public footpaths and keeping them safe for pedestrians. When they fail to uphold this duty, accidents can happen, potentially leading to compensation claims.
The most frequent causes of footpath accidents include:
- Uneven surfaces. Cracked, sunken or raised pavements from poor construction or wear and tear can cause trips and falls.
- Potholes. Deep and shallow holes in the pavement can lead to pothole accidents, especially if they are hard to see.
- Slippery conditions. Wet, icy, or moss-covered footpaths can increase the risk of slips and falls.
- Obstructions. Debris, litter, fallen branches, or construction materials can block footpaths and cause accidents.
- Poor lighting. Inadequate lighting can make it difficult to see hazards, increasing the chance of trips or falls.
- Loose or missing paving slabs. Broken or unstable slabs can create gaps or uneven surfaces, increasing trip hazards.
- Tree roots. Roots growing under or through pavements can create raised areas, leading to trips.
- Lack of warning signs. Failing to mark hazards like potholes or wet areas increases the risk of accidents.
- Poor maintenance. General neglect and lack of repair on footpaths can lead to dangerous conditions.
What are the most common types of footpath injuries?
The injuries caused by slips, trips and falls on footpaths range from minor cuts and bruises to life-changing trauma. The most common ones include:
- Sprains and strains from twisting your ankle or knee on uneven paving.
- Broken bones, particularly in the wrists, arms, legs, or ankles.
- Laceration injuries from sharp edges on broken paving slabs or debris on the footpath.
- Head injuries, such as concussions, skull fractures, or other traumatic brain injuries.
- Spinal injuries in the back or neck, including slipped discs or fractures.
What evidence do I need to make a claim for a footpath accident?
To make a successful claim against the local authorities or a property owner, you need evidence that proves both your injury and the negligence of the responsible party, such as:
- Photographs, videos or CCTV footage of the accident scene and your injuries.
- Medical records detailing the type and severity of the harm you suffered and your prognosis.
- Statements from witnesses, friends and family members.
- Your account of the event and how it has affected your life.
- A copy of an accident report filed with the responsible party.
- Financial evidence of any losses and expenses incurred due to the incident, such as lost wages due to time off work.
To find out if you are able to claim compensation for a footpath injury, contact us today for a free case assessment. You can call free on 0800 470 0472 or use our online claim form to request a call back.
