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Tripping

You have tripped over a raised paving stone on a public road. What should you do?

1. Take a photograph of the paving stone as soon as possible making sure you have something to show the size of the fault eg a coin or a ruler or your pen.
2. If there were witnesses get their names and addresses and ask what they saw. Ask if they have known the defect has been there for some time.
3. Have you seen the defect before?
4. How often have you walked along that street, and when did you first notice the defect?
5. What was the weather like at the time?
6. If it happened in the dark what was the street lighting like?
7. Do you know if anyone had reported the defect to the Council before the accident?
8. Make a note of damage to your clothing; glasses etc

Write a letter to the Council setting out:

1. The date, time and place of the accident.
2. Include your photograph.
3. Give details of your injuries and other damage you suffered.

If you need help see a solicitor as soon as possible. REMEMBER it is not every raised or uneven paving stone that will mean you have a claim. It must be a significant defect. For a raised paving stone a reasonable guide is 1cm and more.

Examples of damages awarded by courts in 2001

A lady of 30 tripped over a raised paving slab. She fell onto her hands suffering an avulsion of the ulnar, colleteral ligament of her left non-dominant hand with permanent aching in cold weather and a 4cm scar.
General damages for pain and suffering: £4,500

A lady of 50 tripped on a defective pavement suffering a suspected fracture of the right radius. She was in plaster for 5 weeks being left with a weakened grip and pins and needles when driving.
General damages for pain and suffering: £4000

Which Authority is responsible?

Local highway authorities are if it is a public place. There is a statutory duty imposed on the authority who are for the time being responsible for the maintenance of the highway --- the Highway Act 1980 section 41.
Who are these? They are:
1. Outside London metropolitan borough councils
2. In London the London borough councils
3. County councils in non-metropolitan borough areas
4. District councils or parish councils for unclassified roads, footpaths and bridleways
5. Highways Agency for motorways and trunk roads

Defences

A defence to such a claim exists if the highway authority can establish that it took such care as, in all the circumstances, was reasonably required to ensure that that part of the highway was not dangerous to users. Factors in deciding if this defence applies:

1. the character of the highway, and the traffic which reasonably expected to use it
2. the standard of maintenance for a highway of that character and used by such traffic
3. the state of repair in which a reasonable person would expect to find such a highway
4. whether the highway authority knew, or could reasonably have been expected to know, that
5. the condition of the part of the highway to which the claim relates was likely to cause danger to users of the highway
6. what warning signs did the highway authority put up.

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Last Modified: April 7, 2003