Here’s the full picture behind this week’s 60-second explainer, including what has to be proven and how your own actions can factor into the outcome.
The Short Answer
Falling on a pavement doesn’t automatically entitle you to compensation. To have a viable claim, you generally need to show that the landowner or responsible authority was negligent, for example through a loose paving slab or a pothole in the pavement surface. Even where negligence can be shown, factors like unsuitable footwear or not paying attention won’t necessarily rule out a claim, but they may be treated as contributory negligence and reduce any compensation awarded.
What You Need to Prove
A fall on its own isn’t enough to bring a successful claim. The starting point is always fault: you need to be able to show that whoever is responsible for maintaining the pavement, whether that’s a local authority or a private landowner, failed to take reasonable care, and that this failure is what caused the accident.
“I fall off a pavement. Does that mean I’m entitled to compensation? Not necessarily.” From the video, 0:04
You can read more about how these claims work on our pavement accident claims service page.
Common Examples of Negligence
Not every uneven surface will support a claim, but certain defects are more likely to indicate a breach of the duty of care owed by whoever maintains the pavement.
- A loose or displaced paving slab that creates a trip hazard.
- A pothole in the pavement surface that hasn’t been repaired within a reasonable time.
“An example would be a loose pavement or a pothole in the pavement.”From the video, 0:10
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Does Footwear or Inattention Affect a Claim?
It’s a common worry: if you were wearing unsuitable shoes, or you weren’t looking where you were going, does that rule out a claim altogether? Not necessarily. These factors don’t automatically disqualify you, but they can be relevant to how much compensation you receive.
“Wearing unsuitable footwear doesn’t automatically disqualify you for making a claim.” From the video, 0:17
Understanding Contributory Negligence
Where something like footwear choice or a lack of attention is considered to have played a part in the accident, this may be classed as contributory negligence. In practice, this means that even where the landowner’s negligence is established, any compensation awarded could be reduced to reflect the extent to which your own actions contributed to the fall.
For a broader look at the claims process, see our How Personal Injury Claims Work guide
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Frequently Asked Questions
Not automatically. You need to be able to show that the landowner or responsible authority was negligent, for example due to a defect such as a loose slab or a pothole, and that this negligence caused your fall.
No, unsuitable footwear doesn’t automatically disqualify a claim. However, it may be treated as contributory negligence, which can reduce the compensation payout if your claim is successful.
Examples include a loose or displaced paving slab or an unrepaired pothole in the pavement. The key question is whether the party responsible for maintaining the pavement failed to take reasonable care.
It could be considered contributory negligence, meaning any compensation awarded may be reduced, but it doesn’t necessarily prevent you from bringing a claim in the first place.
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Conclusion
A fall on a pavement can raise more questions than it answers, particularly around fault and how your own actions might factor in. If you’ve been injured this way, understanding whether negligence can be shown is the first step to knowing where you stand.
Thinking about a claim? Read about Personal injury claims and how No Win No Fee works, or send us your enquiry.
No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. Any After the Event insurance premium is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.