Highway Defects That Can Lead to a Trip or Fall Claim
Learn what a public highway is and the types of defects that can cause a trip or fall accident, and when these may give rise to a compensation claim.
What Is a Public Highway?
A “public highway” is road, pavement, path etc. which the public are entitled to use and is “maintainable at public expense”.
“Maintainable at public expense” means that the council is required to maintain it and keep it free from defects, which typically includes both tripping or slipping hazards to pedestrians and other road users.
Each council is required by law to keep a list of all the public highways within its geographical area. You can see this list free of charge at your council office.
Common Highway Defects That Can Lead to a Claim
1. Raised or Cracked Paving Stones
The should keep the pavement in good repair – this is after all why we pay our taxes.
Raised and cracked pavements are an obvious tripping hazard to both pedestrians and other walkway users.
2. Unmarked Trenches or Highway Works
The council should ensure that whilst it is conducting any repairs or works to the highway it protects pedestrians from the hazard it creates. This could be by use of properly secured barriers and signs.
3. Snow and Ice
Since 1 November 2003 – councils are required to ensure that your safety on a highway is not endangered by snow and ice. However, caselaw over the years has been interpreted to mean that the highways authority does not have an absolute duty to grit, but when gritting is done it should be done properly.
This is perhaps different than an employer whose workplace should be safe for employees. Therefore, if the employer does not grit and an employee slips on ice – there is a stronger chance of an accident at work claim as compared to a pedestrian accident on a on a public highway.
4. Spills Creating Slip Hazards
Normally a spill of oil etc. that could make a highway slippery is the result of a single act by another road user and not by the council. Still that road user can be held responsible if you are injured as a result.
Generally – the council is responsible for te structure of the road, not necessarily spillages on the surface.
5. Road Surface Damage
Imagine you are driving your car when you suddenly hit a large hole in the road causing you to crash your car. The person who caused the hole in the road can be responsible for your injures or vehicle damage. The council may even be responsible if it knew of the defect and failed to protect road users or repair the hole quickly.
6. Damaged or Missing Drain Covers
This might be the responsibility of the council or the water board. It is best to write to both concerning your accident and you will be quickly told who is responsible.
7. Incomplete Highway Works
The council will have a list of all the works done on the highway that was their responsibility and those that were not – by contacting the council you can find who you should contact to make your claim if a defect was not caused by the council.
Summary: Highway Trip and Fall Claims
In summary, a public highway includes roads, pavements and other areas maintainable at public expense for public use – a range of defects within these areas can give rise to trip and fall claims. These commonly include not only uneven and missing paving, missing or raised drain covers, but also potholes (other road surface defects) and poorly managed highway works.
See our guide on proving liability for road and pavement accidents to understand how a solicitor establishes that the council is legally responsible for your accident.
Free Initial Consultation with a Specialist Solicitor
We offer a number of specialist solicitor free help options – including having your claim assessed, calling a solicitor direct or having a question answered.
