A simple walk along a pavement or public footpath should feel safe. But when a path is damaged, uneven or slippery, it can quickly lead to a painful fall.
If you’ve been injured on a public footpath or pavement, it’s completely normal to have questions. Can you claim compensation? Who’s responsible? What should you do next?
In this guide, we’ll explain what causes these accidents, who may be responsible and whether a public footpath injury claim might be possible.
Not sure where you stand? We’re here to help.
What is a public footpath injury claim?
A public footpath injury claim is made when someone is injured because a pavement, footpath or walkway wasn’t reasonably safe.
In many cases, the organisation responsible may not have maintained the path properly or dealt with a hazard in time.
Common issues that can lead to a pavement trip claim include:
- Uneven paving slabs
- Potholes or cracks
- Tree root damage
- Slippery surfaces
- Poor lighting or visibility
Many pavement accident claims involve paths maintained by local councils as part of the public highway. Others may involve private land that’s open to the public.
The key question is whether reasonable steps were taken to keep the area safe.
Who is responsible for accidents on public footways and walking paths?
Responsibility depends on where the accident happened:
Local councils and highway authorities
Most pavements and urban footways form part of the public highway. Under the Highways Act 1980, local authorities are responsible for maintaining these routes.
This means councils have a duty of care to keep pavements reasonably safe for pedestrians where the route is maintainable at public expense. In other words, it is part of the adopted public highway network.
Public rights of way and countryside paths
Some walking paths cross private land but still have public access rights.
In these cases, the local authority usually manages the right of way. Landowners may also have responsibilities, depending on the issue.
Private land open to the public
If you’re planning on making a claim against the council for a pavement injury, bear in mind that some accidents happen on privately owned paths used by the public, like:
- Shopping centres
- Business forecourts
- Private estates with public access
In these situations, the occupier must take reasonable steps to keep visitors safe under occupiers’ liability law.
What counts as a dangerous pavement or footpath defect?
Many footpath accidents happen because of defects in the surface. These might include:
- Raised or sunken paving slabs
- Potholes or damaged surfaces
- Cracked pavement edges
- Debris or obstructions
- Slippery surfaces caused by weather or drainage issues
The key issue is whether the path was reasonably safe for someone using it in a normal way.
Is there a minimum trip height rule?
You may have heard of a 25mm guideline for trip hazards. This is sometimes used as a point for investigation. However, it isn’t a strict legal rule.
Courts consider the wider circumstances, including the location of the defect and whether the authority had a reasonable inspection and maintenance system in place.
What injuries are commonly caused by footpath accidents?
Falls on pavements and public footpaths can cause a range of injuries. Common examples include:
- Sprains and strains to wrists, ankles and knees
- Fractures, especially wrists or arms
- Cuts, bruising and facial injuries
- Head injuries or concussion
Falls can be particularly serious for older adults and may require medical treatment and time off work.
What should you do after a footpath accident?
If you’ve been injured, it can feel overwhelming. Taking a few simple steps can help you understand what’s happened and protect your position.
Try to:
- Seek medical attention and make sure your injuries are recorded
- Take photos of the defect and surrounding area
- Include something in the photo to show scale
- Note the exact accident location
- Collect contact details from any witnesses
- Look for CCTV footage
- Report the hazard to the relevant council or property owner
- Keep any reference numbers or correspondence
This kind of evidence can make things much clearer if you decide to make a public footpath injury claim.
How long do you have to make a public footpath injury claim?
In most personal injury cases, you have three years from the date of the accident to start a claim. There are exceptions, particularly for children or people who aren’t able to manage their own legal affairs.
If you’re unsure about time limits, it’s always best to get advice sooner rather than later.
How compensation is assessed after a footpath accident
Compensation in a footpath accident claim is based on two main areas:
- General damages — Covering pain, suffering and the impact the injury has had on your daily life
- Special damages — Covering financial losses linked to the accident, such as lost earnings, treatment costs or travel expenses
Every case is assessed individually, so the amount of compensation will depend on the injury and the evidence available.
How Injury Lawyers 4u can help
Accidents on pavements and footpaths can happen suddenly, and they can have a real impact on your day-to-day life.
If you’re not sure whether you have a claim, we can help you understand your options in a clear and straightforward way.
At Injury Lawyers 4u, we will:
- Listen to what’s happened
- Explain whether you may have a claim
- Guide you through the process
We handle personal injury claims on a no win, no fee basis. That means there’s no upfront cost to start a claim. Terms apply, and we’ll always explain everything clearly when you get in touch.
Getting advice doesn’t mean you have to go ahead. It simply helps you understand where you stand.
We’re here to help.
Public footpath injury claim FAQs
Can I claim if I tripped on a pavement in the UK?
You might be able to claim if the pavement was unsafe and the responsible authority failed to maintain it properly.
What evidence do I need for a pavement accident claim?
Helpful evidence includes photos of the defect, witness details, medical records and proof that the hazard was reported.
Is the council always responsible for a pavement accident?
Not always. Responsibility depends on whether the path is part of the public highway or private land open to the public.
What is the Section 58 defence?
This is a legal defence councils can use by arguing they had a reasonable inspection and maintenance system in place.
Can I claim if I slipped on a public footpath rather than tripped?
Possibly. Claims might still be possible if the path was dangerously slippery due to poor maintenance or another avoidable hazard.