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Walking around Teesside, and more broadly the North East, you should expect pavements and footpaths to be reasonably safe. However, broken slabs, uneven kerbs or deep potholes can cause serious injuries. If this happens to you, it may be possible to bring a public liability claim against a local authority such as Middlesbrough Council or Redcar and Cleveland Borough Council.

What duty does the council have to prevent tripping & slipping accidents on pavements and footpaths?

Under the Highways Act 1980, local authorities are responsible for ensuring that highways, including pavements, are kept in a safe condition. This does not mean every minor defect will result in liability, but councils must take reasonable care through inspections, repairs and prompt action once hazards are reported.

When can you make a claim following a trip on damaged or uneven pavement?

To succeed in a claim against a council, you will need to show:

1. The pavement or footpath was dangerous. For example, a raised flagstone or a hole deeper than about an inch.
2. The defect caused your accident and injuries.
3. The council knew, or should reasonably have known, about the defect but failed to repair it in good time.

Councils often defend these cases by arguing that they had a proper inspection regime in place, or that the defect was too minor to be deemed dangerous. Having the right evidence makes a big difference.

Common pavement defects that cause accidents

Typical examples include:

• Uneven or rocking paving slabs
• Potholes or crumbling tarmac
• Damaged kerbs
• Missing or badly fitted utility covers
• Pavements made hazardous by tree roots or subsidence

Any of these can cause trips, slips and falls that lead to fractures, sprains or long-lasting mobility problems.

What should you do after a trip or slip accident on loose or damaged pavement?

If you are injured by a broken pavement, it helps to:

• Seek medical attention straight away and keep all treatment records
• Take clear photographs of the defect, ideally with a ruler or coin to show depth or height
• Note the exact location, date and time of the accident
• Collect witness details if anyone saw the incident
• Report the defect to the council and keep a copy of your report or reference number
• Keep receipts for expenses and records of any lost earnings

Time limits for making a public liability claim against Middlesbrough Council, Stockton-on-Tees Borough Council & Redcar & Cleveland Borough Council

In most personal injury claims in England and Wales, you have three years from the date of the accident to start court proceedings. There are exceptions for children and people who lack mental capacity.

It’s always best to seek legal advice as soon as possible. The sooner you act, the easier it is to gather evidence, speak to witnesses and build a strong case.

To learn more about the limitation period, read: How long do I have to make a personal injury claim?

How much compensation could you receive if your footpath accident claim against the council is successful?

Compensation depends on the seriousness of your injury and its impact on your daily life.

You may be entitled to damages for:

• Pain and suffering
• Medical and rehabilitation costs
• Loss of income
• Care and support needs

Every case is assessed individually, and a solicitor can give you clearer guidance once the evidence has been reviewed.

Askews Solicitors are Middlesbrough & Redcar-based experts in public liability claims involving tripping on damaged or loose pavements

If you have been injured after tripping on a broken pavement in Middlesbrough or the wider Teesside area, our expert team can advise whether you have grounds for a public liability claim. We have extensive experience in holding councils to account and securing fair compensation for injured pedestrians.

Contact Us to avail of a free initial consultation. Or visit Public Liability Claims to learn more about how we can help.

This content is for informational purposes and is not intended as advice of any kind.