For a pavement accident claim to be successful, the defect or trip hazard height usually needs to be around 1 inch (2.5 cm/25 mm) or more, though this can depend on the circumstances.
Basic Criteria For A Successful Pavement Trip Claim
- Submit proof showing cause of the injuries
The first thing you’ll need to prove is that your injuries were caused by a pavement trip and fall accident, not by some other incident. This helps to rule out situations where the injury may have been unrelated.
The best way to show that the accident caused your injuries is by gathering photographic evidence of the damaged pavement and the surrounding area. If the accident happened at night, in bad weather, or due to poor lighting, try to capture those conditions in your photos too.
If there were any witnesses who saw what happened, ask if they would be willing to provide a statement and make sure to get their contact details.
- Demonstrate that the pavement trip hazard height was dangerous
Simply submitting photographs of the damaged pavement isn’t always enough. One important part of proving your claim is showing that the defect was large enough to be considered a trip hazard or dangerous.
Pavement defects are often considered hazardous if they are around 1 inch (2.5 cm) or more in height or depth, although this is not a hard-and-fast legal rule. Depending on the location and other factors, even smaller defects could still pose a risk.
- Prove that the pavement had been damaged prior to your accident
The local council or authority is usually responsible for pavement maintenance and repairs. They are required by law to carry out regular inspections of roads and pavements. However, they may not be able to repair every defect immediately after it is found.
If the council was aware of the defect, either through inspections or because it was reported by the public, and failed to fix it within a reasonable time, they could be held responsible. On the other hand, if the council can show they had a reasonable inspection system in place and were not aware of the defect, they may be able to defend the claim.
Crucial Aspects Of Photographic Evidence
As mentioned earlier, one of the strongest ways to support your claim is by showing the size of the pavement defect. A photograph alone may not clearly show how deep or high the trip hazard 
or defect is, so adding something for scale, like a ruler, tape measure, or even a 50p coin, can help give a clear perspective.
That said, if you don’t have a ruler to hand, any object with a known size placed next to the defect can work well as a reference. This can make a real difference when proving how dangerous the trip hazard was.
Try to take these photographs as soon as possible. Councils may carry out emergency repairs quickly after an accident is reported, which could remove the evidence needed to support your case.
It’s also helpful to take wide-angle shots showing the defect in relation to nearby landmarks such as lampposts, post boxes, rubbish bins, or bus stops. This helps to pinpoint the exact location of the defect.
If you’re unable to take photographs yourself, ask somebody you know to do this for you.
Should You Pursue A Pavement Accident Claim?
Not sure whether or not you are eligible to file a pavement accident claim for compensation? Don’t give up your legal rights without speaking to a solicitor first. Show your photographs to a personal injury solicitor from our team, explain what happened, and ask for their advice on whether you have a strong case.
If the evidence suggests that the pavement trip hazard height or defect was too small to be considered dangerous, or the council had a proper inspection system in place, the solicitor may advise against making a claim. However, if you’ve got solid evidence and the facts are on your side, they may encourage you to proceed.
Even if the pavement defect was less than 25 mm, it’s still worth getting legal advice, particularly if there were other factors like poor lighting, heavy foot traffic, or bad weather that made the defect more dangerous.