I've been injured by a pavement or pothole. What are my rights?

The law demands that local councils and the Highways Agency keep roads and pavements in a good condition. Unfortunately, this is a huge task, and faulty sections of paving and dangerous potholes exist all over the UK, leading to a multitude of accidents and injuries every year. In cases where a pothole causes damage to your car, you are best-advised to take it up with your local council directly, using the advice we give here. However, if tripping on an unsafe pavement or perhaps cycling into a pothole on the road has caused you an injury, we may be able to make a compensation claim on your behalf if it can be proven that the council has been negligent.

How do I know if the council has been negligent?

There is no universal standard for how smooth and even roads or pavements have to be, but most councils accept that a pothole 4cm (approximately 1.6 inches) deep constitutes a hazard, as does a paving stone that is sticking up by at least one inch, or 2.54cm. This means that we are more likely to be able to prove negligence against a council or the Highways Agency on your behalf where the pothole or pavement that caused your injury meets or exceeds these measurements.

Naturally, this means you will have to have photographic evidence of the piece of road or pavement that led to your injury, as we explain in more detail here. In addition to uneven surfaces, you may also have a claim if your injury was caused by roadworks or a slip, trip or fall on council property.

What are my local authority responsible for?

If you have an accident that takes place on any public land or council property, you may be able to seek compensation from the local authority. That's because they are legally responsible for making sure that all roads, pavements and even bridle paths are properly maintained and kept clear of defects that might cause accidents. Where there has clearly been negligence by the council or local authority, you have every right to talk to our specialist 'public place' injury solicitors.

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How much could my claim be worth against the council or Highways Agency?

How much your claim might be worth depends largely on how serious your injuries are and how long a full recovery might be expected to take. However, in addition to damages for pain, suffering and loss of amenity, most claims include a sum to cover any loss of earnings as well as the cost of any medical treatment, physiotherapy or other necessary rehabilitation.

Is there a time limit for council or Highways Agency compensation claims?

There is a time limit of three years from the date of any accident for you to start a compensation claim, though you can be allowed longer if you are claiming on behalf of a child or someone with mental impairment.

You should also bear in mind that most injury compensation claims will require evidence to be presented, so you will need to make sure you have photographs, witness statements and medical evidence available to support your claim, even if the accident occurred up to three years ago.

Speak to a specialist solicitor

Slater and Gordon will provide a sympathetic, professional and honest approach to people who come to us with public injuries.

When you've suffered an injury in public, you need experts you can talk to and trust. Contact our solicitors about making a council or Highways Agency compensation claim on 0330 041 5869 or online here.