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
Not Sure If You Have a Claim?
If you’ve fallen on a pavement and aren’t sure whether the circumstances support a claim, don’t guess, ask.
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
Think You May Have a Claim?
Get in touch to find out more about claiming against a private healthcare provider.
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.
Ready to Take the Next Step?
Speak to our team today and find out exactly where you stand.
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.