LEGAL GUIDE · ENGLAND & WALES
Broken pavements, sunken kerbs, and pothole-ridden roads cause thousands of injuries across England and Wales every year. If you tripped on an uneven pavement slab, fell into a pothole, or were injured by a defect on a public highway, you may be entitled to claim compensation from the responsible local authority.
Claiming against a council can feel daunting, but the legal framework is clear and NJS Law handles these cases every day — on a No Win, No Fee basis, with no upfront cost to you.
Key fact: The Department for Transport’s annual local road condition survey consistently finds that millions of potholes and pavement defects are reported and repaired each year in England — yet countless injuries still occur because defects go undetected or unrepaired. Councils are legally obliged to maintain the highway safely.
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The primary legal basis for a pavement trip or pothole claim is section 41 of the Highways Act 1980. This section imposes a statutory duty on highway authorities (in most cases, the local council) to maintain the public highway, including footpaths and cycle tracks, in a condition that does not endanger users.
If a defect in the highway causes your accident, and the council was responsible for maintaining that highway, you have the foundation for a claim. Unlike many negligence claims, this is a statutory duty — you do not need to prove the council knew about the defect in advance. The obligation is to keep the highway safe, and if it is not safe and you are injured, the council may be liable.
Councils do not give up without a fight. Under section 58 of the Highways Act 1980, a council has a complete defence if it can show that it had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous for traffic.
In practice, this means councils will argue that they had a reasonable inspection regime in place, that the defect was not identified in any inspection, and that even if it had been identified, they would have repaired it within their published timescales.
What counts as a “reasonable” inspection system depends on the type of road or footpath:
This is why the council’s inspection records are one of the most important pieces of evidence in these cases. NJS Law will request the full inspection history for the location of your accident.
One of the most common myths about pavement trip claims is that a defect must be at least 25mm deep or high to succeed. This is not a legal rule. The 25mm figure is a common threshold used by many councils internally to decide whether to prioritise a repair — but it is not a statutory minimum and courts do not apply it as a bar to claiming.
What matters is whether the defect was dangerous to an ordinary pedestrian taking reasonable care in the circumstances. A 20mm trip on a busy, well-lit high street may be less dangerous than a 15mm defect in a dark alleyway used by elderly residents. The court looks at the whole picture: depth, height, visibility, location, lighting, the type of users expected, and whether there were prior accident reports at that location.
What to photograph: Always photograph the defect with a ruler or coin for scale. Take close-up shots and wide shots showing the surrounding area, the approach angle, and the lighting conditions. This evidence can be decisive.
Not every defect on a footpath is the council’s responsibility. Common third-party causes include:
Identifying the correct defendant is crucial. If NJS Law identifies that a utility company or third party rather than the council was responsible, we will pursue the claim against the correct party.
Evidence in pavement and pothole claims is time-sensitive because local authorities repair defects once they are notified of an accident. Gather as much as possible immediately:
Compensation in pavement trip and pothole claims follows the same structure as all personal injury cases — general damages for the injury and special damages for financial losses. For a fuller breakdown of what claims are worth, see our guide on average personal injury compensation payouts in the UK.
Common injuries in pavement trip cases and their approximate ranges under the Judicial College Guidelines (18th edition, April 2026) include:
Injury | Approximate Range |
Fractured wrist (complete recovery) | £3,530 – £5,870 |
Ankle injury — moderate (some residual) | £13,740 – £26,590 |
Knee injury — moderate | £14,840 – £26,190 |
Shoulder injury — serious | £19,200 – £48,030 |
Hip fracture (significant) | £39,170 – £52,500 |
Back injury — moderate (ongoing symptoms) | £27,760 – £38,780 |
In addition, you can recover lost earnings, medical and rehabilitation costs, travel expenses, and any care costs.
Claims against local authorities tend to take 12 to 24 months from instruction to settlement. Councils often deny liability initially and instruct specialist highway defence solicitors. However, with strong evidence, the majority of cases settle before trial.
NJS Law handles all pavement trip and pothole claims on a No Win, No Fee basis. There is no financial risk to you in finding out whether you have a claim. If we take your case on, we will request the council’s inspection records, commission expert evidence if required, and pursue full compensation on your behalf.
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Yes. Under section 41 of the Highways Act 1980, local authorities have a statutory duty to maintain public highways in a safe condition. If a defect in the pavement caused your accident and the council failed in its maintenance duty, you may have a valid claim. The council may raise a section 58 defence arguing it had a reasonable inspection system — your solicitor will challenge this with evidence.
There is no legal minimum. The 25mm threshold used by some councils is an internal maintenance guide, not a legal bar to claiming. Courts assess whether the defect was dangerous to an ordinary pedestrian in the circumstances — taking account of depth, height, location, lighting, and visibility. Claims on defects smaller than 25mm do succeed.
Check the FixMyStreet website (fixmystreet.com), your local council’s online pothole/fault reporting tool, and search your council’s website for any published inspection reports for the road or path. If there are prior reports or complaints about the same defect, this significantly strengthens the claim by showing the council had notice of the hazard.
Three years from the date of your accident under the Limitation Act 1980. Exceptions apply for children (three years from their 18th birthday) and those who lack mental capacity. Do not delay — councils repair defects after accidents are reported, and the physical evidence disappears. Your photographs are crucial. Read more in our guide on personal injury claim time limits in England and Wales.
The Highways Act 1980 does not apply to private land. If the pothole was in a private car park, access road, or privately maintained estate road, the claim would be against the landowner or managing company under the Occupiers’ Liability Act 1957. NJS Law handles both types of claim — contact us to discuss the specific location of your accident.
Yes, though vehicle damage claims are handled differently from personal injury claims. You can report a pothole that damaged your vehicle to the council and claim the cost of repairs under the Highways Act 1980. If you were also physically injured, you would bring a personal injury claim alongside the vehicle damage claim. NJS Law specialises in personal injury — for vehicle damage-only claims, your motor insurer may handle the recovery.
This article is for general information only and does not constitute legal advice. The law applies differently depending on the specific facts of your case. For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s pavement accident claims service page.
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