Footpath Accident Claim UK: Your Rights and How to Make a Claim

Accidents on footpaths can lead to serious injuries and long-term consequences for victims. Uneven paving stones, potholes, loose tiles, or poorly maintained walkways can pose real risks to pedestrians. In the UK, if you’ve suffered an injury due to a footpath defect, you may be entitled to compensation.

This guide breaks down your rights after a footpath accident and provides a step-by-step process for making a claim, ensuring you have the knowledge needed to take appropriate action.

Understanding Footpath Accident Claims

A footpath accident claim arises when a person suffers an injury due to unsafe or poorly maintained pedestrian areas, including pavements, sidewalks, and walkways. Local councils and other authorities have a legal duty to ensure these public spaces are safe.

Common Causes of Footpath Accidents

Some of the most common causes include:

• Uneven or broken pavement slabs
  
• Loose or wobbly tiles
  
• Potholes in pedestrian areas
  
• Raised tree roots breaking through the pavement
  
• Missing or defective manhole covers
  
• Icy or wet conditions without proper treatment
  
• Obstructions such as loose cables or building debris
  

Types of Injuries in Footpath Accidents

Injuries from footpath accidents can vary from minor to life-altering. Common examples include:

• Sprains and fractures (ankles, wrists, arms)
  
• Head injuries and concussions
  
• Cuts, bruises, and abrasions
  
• Back and spinal injuries
  
• Broken hips or pelvic bones (particularly in older individuals)
  

Even seemingly minor accidents can have long-term effects, especially if they impact mobility or employment.

Your Legal Rights After a Footpath Accident

If you’ve been injured due to a poorly maintained footpath, UK law may allow you to pursue a personal injury claim. The main legislation that applies includes:

• Occupiers’ Liability Act 1957
  
• Highways Act 1980
  
• Health and Safety at Work Act 1974 (if the accident is on business premises)
  

Who Is Responsible?

Responsibility depends on the location of the accident:

• Local Council or Highway Authority: Most public footpaths fall under their care.
  
• Private Landowners or Businesses: If the accident occurred on privately owned land, the property owner may be liable.
  
• Transport for London or other transit bodies: In cases involving transport premises or stations.
  

These entities have a duty of care to inspect, maintain, and repair footpaths regularly.

When Can You Make a Claim?

You can make a claim if:

• The accident happened within the last three years
  
• The injury was caused by negligence or a breach of duty
  
• You suffered a physical or psychological injury
  

Children under 18 can have a claim made on their behalf by a parent or guardian, and they have until age 21 to file independently.

What You Need to Prove

How to make a public accident claim for compensation? To make a successful footpath accident claim, you must demonstrate the following:

• The accident occurred on a public footpath or premises where someone owed a duty of care
  
• The footpath was defective or hazardous
  
• The authority responsible knew or should have known about the hazard
  
• You suffered an injury as a direct result of the hazard
  

This is where evidence plays a crucial role.

Step-by-Step Guide to Making a Footpath Accident Claim

Step 1: Seek Medical Attention

Even if injuries appear minor, visit a GP or hospital to have your injuries assessed. This creates a medical record, which is essential for your claim.

Step 2: Gather Evidence

You’ll need to collect as much evidence as possible:

• Photographs of the defect and surrounding area
  
• Measurements of the defect (e.g. depth of a pothole)
  
• Witness statements from people who saw the accident
  
• Accident reports (if on commercial property)
  
• CCTV footage (if available)
  
• Medical reports and receipts for treatment or travel
  

Step 3: Report the Accident

Report the defect to the local authority, council, or premises owner. This can help document your accident and prompt investigation or repair.

Most local councils have an online form or phone number to report pavement defects.

Step 4: Contact a Personal Injury Solicitor

A solicitor experienced in footpath accident claims can:

• Assess your case and advise on its strength
  
• Handle communication with the council or insurers
  
• Represent you if the case goes to court
  

Many offer a No Win, No Fee agreement, so you won’t pay legal fees unless your claim succeeds.

Step 5: Submit the Claim

Your solicitor will formally notify the responsible party and begin the claims process. The authority may:

• Accept responsibility and offer a settlement
  
• Deny the claim (often arguing they followed proper maintenance procedures)
  

If a settlement cannot be reached, the case may proceed to court.

What Compensation Can You Claim?

Compensation (or “damages”) is awarded to reflect the impact of your injury and related losses. This includes:

General Damages

• Pain and suffering
  
• Emotional distress
  
• Loss of amenity (impact on quality of life)
  

Special Damages

• Medical expenses (physiotherapy, medication, etc.)
  
• Loss of earnings
  
• Travel costs
  
• Costs for care or domestic help
  

The amount depends on the severity of your injury, recovery time, and financial impact.

Example Compensation Amounts (Guideline Only)

These are general guidelines and may vary based on individual circumstances.

How Long Do You Have to Claim?

In the UK, the limitation period is three years from:

• The date of the accident, or
  
• The date you became aware the injury was linked to negligence
  

For children, the clock starts at age 18, giving them until age 21 to file a claim.

What If the Council Denies Responsibility?

Councils often defend claims by stating they:

• Inspected the area regularly
  
• Were not aware of the defect
  
• Had a reasonable maintenance system in place
  

However, your solicitor may be able to challenge these claims by reviewing inspection records, maintenance logs, and showing the hazard had existed for an unreasonable period.

Tips to Strengthen Your Footpath Claim

• Act quickly to preserve evidence
  
• Take multiple photos from different angles and distances
  
• Measure the defect clearly (ruler, tape measure, or even a coin for scale)
  
• Get witness contact details before they leave the scene
  
• Keep a diary of symptoms, medical appointments, and how the injury affects daily life
  

When Might a Claim Be Rejected?

A claim may be rejected if:

• The defect is deemed too small (e.g. less than 1 inch deep)
  
• You contributed to the accident (e.g. running or not paying attention)
  
• The council can prove regular inspections and timely repairs
  

Still, every case is unique—consulting a solicitor is key to assessing viability.

Conclusion

Footpath accidents can be painful, disruptive, and costly. But in many cases, the law is on your side. If your injury was caused by a defect that should have been addressed by a local council, landowner, or business, you may have the right to claim compensation.

By understanding your rights and following the correct steps—from collecting evidence to consulting a solicitor—you can hold negligent parties accountable and secure the financial support needed for your recovery.