Tripped on a Broken Pavement? You Could Be Owed Thousands.
Raised paving slabs, potholes, cracked tarmac, tree root damage, missing drain covers and uneven kerbs cause thousands of trip injuries across Scotland every year. Local councils are responsible for maintaining public pavements and footpaths under the Roads (Scotland) Act 1984. When they fail to inspect, repair or make safe known defects, they are liable for injuries caused.
Scottish Claims Helpline handles pavement trip claims against councils across Scotland on a no win no fee basis. There is no financial risk to you.
How Much Could You Receive?
| Injury Type | Typical Award |
|---|
| Minor sprains and bruising | £2,000 - £5,000 |
| Ligament damage or soft tissue | £5,000 - £15,000 |
| Wrist or ankle fractures | £8,000 - £25,000 |
| Hip fracture or head injury | £25,000 - £40,000+ |
Based on Judicial College Guidelines for pain and suffering only.
That’s not all. Pavement trip injuries are particularly serious for older adults — hip fractures can require months of rehabilitation and may lead to permanent reduced mobility or loss of independence. Additional payments cover lost earnings, physiotherapy, medication, care costs, mobility aids and travel expenses.
Who Can Claim?
Any pedestrian who trips and is injured on a public pavement, footpath or road due to a defect the council knew about or should have known about. Common defects include raised or cracked paving slabs, potholes, tree root damage lifting paving, missing or sunken drain covers, uneven kerbs, and damaged tarmac. The claim is against the local council responsible for maintaining that road or pavement. Private roads and paths may give rise to claims against the landowner instead.
Pavement Trip Claims — Frequently Asked Questions
Minor sprains: £2,000-£5,000. Ligament damage: £5,000-£15,000. Fractures: £8,000-£25,000. Hip fractures: £25,000-£40,000+. Lost earnings and medical costs on top.
The local council under the Roads (Scotland) Act 1984. They must inspect and maintain pavements. If a defect was present for a reasonable time and the council failed to repair it, they are liable.
Your solicitor requests the council’s inspection records, maintenance logs and previous complaints. If the defect was present for a reasonable time and not repaired, liability can be established.
No fixed legal threshold in Scotland, but defects of 25mm (1 inch) or more are generally considered actionable. Smaller defects may also be claimable depending on location, visibility and the council’s awareness.
Photographs of the defect (with a ruler or coin for scale), the exact location, your injuries, witness details and medical records. Report the defect to the council as soon as possible.
3 years from the accident date under the Prescription and Limitation (Scotland) Act 1973.
How Do I Start My Claim?
It takes 2 minutes. Fill in our short form and one of our specialist Scottish solicitors will call you back — all completely free and with no obligation. You pay nothing unless you win.
About this page: Written by
David Gildea, Scottish Claims Helpline. Last reviewed: March 2026. Scottish Claims Helpline is authorised and regulated by the Financial Conduct Authority (
FRN 830381).