Council Pavement & Highway Trips

Council pavement and highway trip claims arise under the Highways Act 1980 when a local authority fails to maintain roads and pavements in a safe condition. Section 41 imposes a duty to maintain the highway, and Section 58 provides a defence if the authority can show it had a reasonable system of inspection and maintenance.

Common hazards include raised or sunken paving slabs, potholes, cracked tarmac, tree root damage, loose kerb stones, missing drain covers, and ice/snow that was not gritted. A defect of 25mm (approximately 1 inch) or more is generally considered actionable, though context matters.

The council's defence typically relies on showing a reasonable inspection schedule. However, if the defect was reported before the accident and not repaired, or if inspections were not carried out to schedule, the defence fails. Council records of reported defects, inspection logs, and repair schedules are obtained through pre-action disclosure.

Compensation for pavement trips ranges from £2,000 to £10,000 for minor injuries (bruising, sprains), £10,000 to £50,000 for moderate injuries (broken wrist, fractured knee), and £50,000 to £200,000 for serious injuries (hip fracture, head injury). Elderly claimants often suffer more serious injuries from falls. The limitation period is 3 years.