Find out who is responsible for pavement damage caused by tree roots and whether you can claim compensation for your injuries.
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Tree Root Pavement Damage – Who Is Liable?
When tree roots grow beneath a pavement, they can cause tarmac and paving slabs to lift, crack or move, leading to uneven surfaces and tripping hazards. If you are injured as a result, you may be able to make a claim against the party responsible for maintaining the pavement.
Tree root damage is one of the common causes of pavement trip accidents in the UK. Liability often falls on the local council, which may be responsible for maintaining public pavements and roadside trees. However, if the accident happened on private property, such as in a supermarket car park, the owner or occupier may be liable for damages.
A specialist personal injury solicitor can assess your claim and determine whether you are eligible for compensation. For a free consultation, call 0800 470 0472 today or use our online claim form to request a call back.
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Can I make a claim for injuries caused by tree root pavement damage?
You may be able to make a claim if you were injured because of pavement damage caused by tree roots, and the responsible party failed to take reasonable steps to prevent it.
Before taking on your case, a personal injury solicitor will check that:
- Another party (usually the council) owed you a legal duty of care.
- They failed to fix the hazard or warn you about it.
- This failure directly caused your accident and injuries.
To make a successful pavement trip compensation claim, you must be able to prove negligence and how the defect caused your injury.
Who is legally responsible for tree root damage to pavements?
Liability for damage and injury caused by tree roots on pavements depends on whether the tree is on public or private land:
Trees on public land
As tree owners and highway authorities, councils may be responsible for trees on public land, such as in parks, verges, and along streets. Local authorities have a duty to maintain footways and take reasonable steps to manage tree root damage that creates tripping hazards.
Trees on private land
If the tree is on private premises, the landowner or occupier is generally responsible for keeping the area reasonably safe. The council can serve notice on the tree owner to deal with any roots encroaching on the pavement or, if they fail to act, carry out the tree work on their behalf and then bill the owner.
A solicitor will be able to establish who controls the area where your pavement accident occurred and who is liable for the damage caused by the tree roots.
The council’s duty to maintain pavements and roadside trees
Under the Highways Act 1980, local authorities have a duty to maintain public highways, including pavements. The responsibilities of the highway authority include:
- Inspect pavements regularly.
- Identify and address defects, such as lifted slabs caused by tree roots.
- Respond to reports of tree root hazards within a reasonable timeframe.
- Signpost dangers that cannot be immediately repaired.
- Keep accurate records of inspections and maintenance.
Failure to act on known or foreseeable hazards may entitle you to make a council negligence claim under Section 41 of the Highways Act if you are injured as a result.
Can the council argue that the defect was not reasonably foreseeable?
If you make a claim, the council may rely on the Section 58 defence of the Highways Act and argue that they took reasonable care to ensure public safety and that the defect was not reasonably foreseeable.
The council may argue that they cannot be expected to maintain every inch of every pavement simultaneously and that:
- They have a reasonable inspection regime in place.
- The defect was not present or visible during their last inspection.
- They had no prior knowledge of the issue.
- The hazard developed too quickly to have been reasonably foreseeable.
How can I counter a Section 58 defence against tree root pavement damage?
You can challenge a council’s Section 58 defence by making a Freedom of Information (FOI) request to obtain their inspection records. These may show how often the area was inspected, the date of the last inspection, and whether the defect had been previously reported.
Based on these records, you can do the following to defend your claim:
- Argue that the inspection system was inadequate or unreasonable.
- Check for missed inspections or gaps in the inspection schedule.
- Argue that the inspections were carried out by unqualified personnel (if applicable).
- Use older photos or Google Street View images to show that the damage was present during the last inspection but was not recorded.
- Prove that there have been prior reports of the hazard.
- Obtain expert testimony to argue that, given the size, species and location of the tree, the damage was foreseeable and should have been addressed by the council.
When does tree root damage become a dangerous and actionable defect?
Damage caused by tree roots can amount to a nuisance. But not every nuisance can result in a successful claim for compensation. For a defect to be considered dangerous and actionable, it must cause visible damage to the pavement and pose a foreseeable risk of injury.
Generally, you may be able to claim compensation for a pavement accident if the defect created by the tree roots has a height of around 25 mm (one inch). However, this is only a guideline, and not a strict threshold. Courts will also consider the location of the hazard, the foot traffic and other details.
Common trip hazards and accidents caused by tree root pavement damage
Pavement damage due to tree roots can result in serious tripping hazards, including raised slabs, jagged cracks, sunken areas, and exposed roots. These can lead to various types of accidents, such as:
- Trips and falls on uneven pavement.
- Falls into gaps caused by displaced paving.
- Accidents involving mobility aids, such as wheelchairs.
- Bicycle accidents caused by raised pavement.
Uneven paving or raised slabs caused by tree roots can lead to various injuries, including sprains and strains, lacerations, broken bones, head injuries and back injuries.
How to start a claim for tree root pavement damage
If you were injured because of tree root damage to the pavement and you want to make a compensation claim, there are a few steps you should take:
- Document the accident – take photos of the pavement damage, your injuries and damage to your belongings. If there were witnesses to your accident, ask for their contact information.
- Seek medical attention – have your injuries diagnosed and treated by a medical professional to create a medical record which will support your claim.
- Report the defect – if the tree is on private property, report the incident to the landowner or occupier. If it is on council property, report the defect to the authorities. Use the dedicated GOV.UK page to find your local council.
- Get legal advice – if you are eligible, a specialist solicitor will help you gather further evidence and send a letter of claim to the defendant. They will handle all communication on your behalf and aim to negotiate fair compensation as quickly as possible.
How to prove liability in a tree root pavement injury claim
Clear, detailed photographs are essential to prove the condition of the pavement at the time of your accident and how the hazard caused your injuries. If it is safe to do so, you should take photos of pavement defects immediately after the incident, ideally capturing:
- The raised, uneven or sunken pavement caused by the tree roots.
- The height of the hazard, using a ruler, a coin, or an object for scale (this is very important).
- The location of the defect and the surrounding area, including nearby landmarks or street signs.
- The tree and root system responsible for the damage.
- Any lack of warning signs or barriers.
These images will help establish the existence of the hazard and whether it posed a foreseeable risk.
Other types of evidence you need to support your claim include:
- Medical records detailing your injuries and prognosis.
- Statements from witnesses and your own testimony.
- Accident reports and records of previous complaints.
- Inspection and maintenance records from the council.
- Financial documents proving your related losses.
Is there a time limit for making a tree root pavement damage claim?
Yes. Under the Limitation Act 1980, there is usually a 3-year time limit for starting a claim for injuries caused by tree root pavement damage. There are a few exceptions:
- Children – a child injury claim can be brought at any time before they turn 18, and they have until 21 to start a claim themselves.
- Mental capacity – the limitation period does not apply to individuals lacking mental capacity, meaning a litigation friend could make a claim on their behalf at any time.
Seeking early legal advice helps preserve evidence and ensure you don’t miss any deadlines.
How much compensation can I claim for a tree root pavement injury?
Compensation for slip, trip and fall claims caused by tree root damage depends on the type and severity of the injuries and covers two types of damages:
- General damages – for pain, suffering and loss of amenity.
- Special damages – for related financial losses and expenses, such as medical costs and loss of earnings.
The award for general damages is assessed based on the Judicial College Guidelines (18th Edition). Typically, the more severe the injury, the higher the compensation. For example, depending on your circumstances, you could receive:
| Injury Type | Description | Compensation |
|---|---|---|
| Brain Damage | Moderate brain damage likely to affect the senses, with some dependence on others | £57,000 - £289,000 |
| Hip And Pelvis Injuries | A significant hip or pelvis injury with minor permanent symptoms or disability | £35,000 - £52,000 |
| Back Injuries | A moderate back injury causing constant pain, discomfort and substantial osteoarthritis risk | £37,000 - £51,000 |
| Achilles Tendon | Partial rupture or significant Achilles tendon damage | £17,000 - £28,000 |
| Arm Injuries | A simple forearm fracture | £8,700 - £25,000 |
| Shoulder Injuries | A serious shoulder injury causing permanent symptoms | £17,000 - £25,000 |
| Leg Injuries | A fractured tibia or fibula, or a soft tissue injury | Up to £16,000 |
No win no fee tree root pavement damage accident claims
If you have a valid claim for compensation, you will receive a conditional fee agreement. This service means you don’t have to pay any legal fees upfront, and you don’t pay anything if you lose the claim.
With no win no fee, you only pay your solicitor if you win the claim, in which case a success fee will be deducted from your compensation (capped at 25% of certain elements of your damages, but not usually future losses). This eliminates any financial risks and allows you to get legal representation regardless of your financial situation.
If you believe you have a claim for injuries caused by tree root pavement damage, call 0800 470 0472 or request a call back. A specialist solicitor will advise you on your legal options and answer all your questions for free and without any obligation to proceed.
