Can you claim if you fall on the Street?

If you are out in the street and fall over, can you make a claim for compensation if you are injured?

If you have fallen as a result of a defective pavement, walkway, car park, road and other outdoor surface then depending on what caused you to fall you could make a claim. Falls in public places can result in serious injuries including fractures and head injuries.

If the land is owned privately, then the claim will be against the public liability insurers of the landowners so for example the insurance company of the doctor’s surgery or car park. If you have fallen on land that is public highway then the insurance company of the Highway Authority responsible for the land will be liable. It is fairly straightforward to work out who is responsible for the land and direct the claim to them. Your Solicitors can do a Land Registry search to find this out if you are not sure.

When you fall, it is up to you to prove that you fell due to an “actionable defect”. The defect has to be a certain height. Roads do not have to be completely flat. There has to be an actionable defect so for example a broken paving slab or grid.

If you do have a fall, remember you need evidence of the defect. This can be proved in various ways including close up photographs. If possible take the photograph with an object next to it to show the height of what caused you to fall. The photographs should also show the location clearly. If possible take written measurements of the defect. If there are any witnesses then their details must be obtained. You should always report defects and accidents to the relevant responsible owner so either the local Council or landowner.

Claims for falls in public places can be difficult. Most Highway Authorities have regular inspections that take place and will have a valid defence if they can show that they inspected their pavements and roads regularly and kept written records. However, at Nayyars we have a strong record of succeeding in these cases and can tell you fairly early on how strong your case is. We offer a No Win No Fee service on personal injury cases so you have nothing to lose.

If all of the above have been done then you may have a good case against the responsible party. If you contact our specialist Personal Injury Department we can start your case for you.

Kenzie Leahy

New Claims Assistant