Trips on defective pavements are among the most common forms of accident. Often they result in embarrassment rather than injury, or only minor injuries such as minor cuts and bruising. However, they can also result in more serious injuries such as broken bones. Many injuries caused by people having tripped on a loose kerb stone can lead to the person injured having to take time off work.
Accidents can be caused by defects in the pavement such as cracks or potholes, or uneven paving slabs. They can also be caused by hazards such as obstacles or spillages that have not been cleared.
Can I make a compensation claim if I have tripped on a loose kerb stone?
If you have been injured following a pavement trip, you need to make your compensation claim within three years of the date of the accident.
The accident also needs to have been someone else’s fault. You cannot claim compensation simply because you have fallen over; you must have tripped on a loose kerb stone or on a pavement that was defective in some way. It could be defective due to its design. This could be the case if a handrail is needed and the person responsible for the pavement failed to fit one, or if they have not fitted a non-slip surface in an environment where a reasonable person would have fitted that type of surface.
It could also be someone else’s fault if the person responsible failed to maintain the pavement, allowing it to become dangerous. A council cannot be expected to inspect every single inch of the pavements under their control every single day, but they can be expected to conduct periodic inspections, and they should repair defects without delay once those defects have been brought to their attention.
You can find out whether you have a valid claim by taking the unique 30-second online test on the Accident Advice Helpline website.
How to make a claim if you have tripped on a pavement
The important thing to remember if you plan to make a compensation claim following a trip on a pavement is to keep any documentation to support your claim. This includes:
- Payslips if you have lost any wages as a result of the accident;
- Receipts for any out-of-pocket expenses you have incurred; and
- Photographs of the defective pavement.
The photographs should be taken as soon as possible. If you delay in taking them, it is possible that the defect will be repaired before you get a chance to document them.
You can make the claim on your own, but to maximise your chances of receiving the full amount of compensation due to you, you should consider using a law firm such as Accident Advice Helpline.
About Accident Advice Helpline
Accident Advice Helpline have been helping people to claim compensation following injuries for over 15 years. We are regulated by the Solicitors Regulation Authority.
Our inhouse solicitors work for clients on a no-win, no-fee basis, so you don’t need to worry about unexpected legal bills and you can keep as much of your compensation as possible.
If you’ve tripped on a loose kerb stone then call us today on 0800 689 0500 or 0333 500 0993 from a mobile phone to make your claim.
Date Published: 14th September 2013