Uneven paving stones, raised slabs and potholes can create a serious trip hazard for pedestrians. However, it is not always clear when a pavement defect is significant enough to require repair or support a compensation claim.

People often refer to measurements such as 20mm or 25mm when discussing the pavement trip hazard height. These figures appear in many local council inspection and maintenance policies. However, the law does not provide a single measurement that applies to every pavement defect.

The height remains an important consideration. It must be assessed alongside the shape, position and visibility of the defect. The level of pedestrian use and the way the pavement has been inspected and maintained can also be relevant.

This guide explains how pavement trip hazards are assessed in England and Wales. It also covers who may be responsible for the area, what evidence can support a personal injury claim, and how the claims process works.

What Height Is Considered a Pavement Trip Hazard?

A vertical difference of around 20mm to 25mm is often used as an intervention or recording level in highway inspection policies. This is approximately three-quarters of an inch to one inch.

For example, Surrey County Council’s published highway inspection guidance lists general surface trips of more than 20mm as defects requiring assessment. Government maintenance requirements for certain paved areas have also identified a step change of more than 25mm as a trip hazard requiring action. These examples show how measurements are used to guide inspections and repairs. They do not create a universal legal pavement trip hazard height.

Different local authorities can adopt different approaches. They may also give inspectors discretion to assess a pavement defect according to the risk it presents.

As a result, when considering how high a trip hazard has to be to be potentially dangerous, there is no fixed number. A 25mm height may be important evidence; however, it does not automatically prove that the organisation responsible for the pavement was negligent.

The same applies in reverse; a pavement slab trip height below 20mm or 25mm is not automatically safe. Its position, shape and visibility may make it more hazardous than the measurement suggests.

Is There a Legal Pavement Trip Hazard Height?

There is no legislation stating that a pavement defect must reach a particular height before it can be treated as a trip hazard.

For public pavements, the relevant legal duty is usually found in Section 41 of the Highways Act 1980. This requires the highway authority to maintain highways that are maintainable at public expense. The Act does not set a minimum height.

The law also does not require local authorities to keep every pavement completely level at all times. The key question is usually whether the condition of the pavement amounted to a danger that the highway authority should reasonably have addressed.

The court can therefore consider:

• The height of the defect: The difference between the pavement levels remains an important part of the assessment.
• The shape of the defect: A sharp or abrupt edge may create a different risk from a gradual change in level.
• The position of the defect: A raised slab in the natural walking line may be harder to avoid.
• The use of the pavement: The number and type of pedestrians reasonably expected to use the route may be relevant.
• The visibility of the hazard: Lighting, shadows and surrounding features can affect how easy the pavement trip hazard was to identify.
• The inspection history: Records can show whether the local council had a suitable inspection and repair system.
• Previous reports: Reports from members of the public may show that the highway authority knew about the pavement defect.

Council policies often contain measurements to help inspectors decide which pavement hazards to record and how quickly repairs should take place. These are maintenance tools. They are not statutory legal cut-offs.

A local council’s policy should therefore be reviewed as part of the wider evidence. It should not be treated as the complete legal test.

What Factors Determine Whether a Pavement Defect Is Dangerous?

The pavement trip hazard height is normally measured as the vertical difference between two adjoining surfaces. This could involve a raised slab, a sunken paving stone or the edge of a pothole.

However, a proper assessment should also consider the following factors:

The dimensions and shape of the defect

The full dimensions can be relevant. This includes its height, depth, width and length.

A narrow raised edge may present a different type of hazard from a broad depression. A broken or irregular slab may also have several different measurements.

The shape of the edge matters too. A gradual slope can be easier to see and navigate than an abrupt vertical change. An unstable paving stone may also move when pressure is applied.

Where possible, photographs should show a ruler or tape measure held vertically against the pavement trip hazard. The measurement should start at the lower surface and extend to the highest point of the defect.

It is also useful to photograph the length and width of the affected area.

The location of the pavement hazard

A pavement defect should be assessed in the context of its location.

A trip hazard may create a greater risk if it is:

• In the main pedestrian walking line
• On a narrow pavement
• Near a pedestrian crossing
• Close to steps or a kerb
• Outside shops or public buildings
• Near a bus stop
• Beside street furniture
• In an area with high pedestrian footfall

Local authorities should take account of the character of the route and the traffic reasonably expected to use it. These considerations also appear in the statutory defence available to highway authorities under Section 58 of the Highways Act 1980.

Visibility and surrounding conditions

A pavement trip hazard may be difficult to identify even when a person is looking where they are going.

Relevant conditions can include:

• Poor street lighting
• Shadows from buildings or street furniture
• Leaves or other surface debris
• Crowded conditions
• A lack of contrast between paving stones
• The position of signs or displays
• Features that reasonably draw a pedestrian’s attention elsewhere

Photographs taken from the direction of travel can help show how visible the pavement defect was when the accident occurred.

Where possible, photographs should be taken at a similar time of day and in similar lighting conditions.

The history of the defect

The length of time the pavement defect had been present may also be relevant.

Inspection records can show whether the local council previously identified the problem. Reports from members of the public may show that it had been brought to the council’s attention.

Repair records can also reveal whether work had previously been attempted or scheduled.

Members of the public can use the GOV.UK pavement reporting service to find the council responsible for problems such as broken or missing slabs. Most councils are responsible for maintaining the majority of public pavements in their areas.

Who Is Responsible for Maintaining a Pavement?

The organisation responsible depends on where the pavement trip accident happened.

Most public pavements are maintained by the relevant highway authority. This is often a county council, metropolitan borough, unitary authority or London borough.

However, the local council should not always be assumed to be responsible. Some routes are maintained by another highway authority. Other walkways are privately owned.

Public pavements

For a pavement that forms part of a highway maintainable at public expense, the highway authority has a duty to maintain it under Section 41 of the Highways Act 1980.

This duty can involve:

• Carrying out appropriate inspections
• Recording pavement hazards
• Responding to reports
• Assessing the level of risk
• Completing repairs within an appropriate period
• Providing warnings where an immediate repair is not reasonably possible

The nature and frequency of inspections can depend on the type of route and the number of people expected to use it.

A busy town centre pavement may require a different inspection schedule from a quieter residential footway.

Private walkways

Some footpaths and pedestrian areas are maintained by private property owners or occupiers. Examples include walkways within shopping centres, privately managed developments and commercial premises.

The Occupiers’ Liability Act 1957 may apply where an organisation controls the premises. The occupier generally owes lawful visitors a duty to take reasonable care to see that they are reasonably safe while using the premises.

Responsibility can be less obvious where several organisations manage different parts of the same area. There may be a property owner, occupier, maintenance contractor or managing agent.

A personal injury solicitor can investigate ownership and maintenance responsibility before contacting the appropriate organisation to make an occupiers' liability claim.

When Can You Make a Pavement Accident Claim?

You may be able to make a slip or trip claim if the pavement presented a danger and the organisation responsible failed to take reasonable care.

It is not enough to show that a tripping accident happened. The evidence should connect the accident and injury to the pavement defect.

A pavement accident claim usually involves establishing that:

• The council, highway authority or private occupier owed you a duty of care.
• The pavement defect presented a real and foreseeable danger.
• Reasonable inspection, maintenance or repair steps were not taken.
• The pavement trip hazard caused you to fall.
• The accident caused an injury and related losses.

The pavement height can support this assessment. However, it should be considered alongside the defect’s location, visibility and history.

Can the council defend a pavement trip claim?

Section 58 of the Highways Act 1980 gives a highway authority a defence if it can prove that it took the care reasonably required to ensure the highway was not dangerous.

When considering this defence, the court can examine:

• The character of the highway
• The traffic reasonably expected to use it
• The appropriate standard of maintenance
• The condition a reasonable person would expect
• Whether the authority knew or should have known about the danger
• Whether warning notices were displayed

The council may rely on inspection schedules, inspection records, maintenance policies and repair documents. JMW can request and assess this evidence as part of a pavement accident claim. You do not need to obtain and interpret the full maintenance history alone.

Claims can also be brought against private property owners and occupiers where they were responsible for the area. The legal duties and available evidence will depend on the location.

It is therefore important to identify the correct responsible party at an early stage.

What Evidence Do You Need After a Pavement Trip Accident?

Evidence gathered soon after a pavement accident can help show the condition of the area before it is repaired or changes.

You should seek medical attention first. Your health should take priority over collecting evidence at the accident scene.

When you are able to do so, useful steps include:

• Photograph the pavement defect: Take close-up and wider photographs. Include the surrounding area and the direction from which you approached.
• Measure the trip hazard: Use a ruler or tape measure to show the vertical height of the pavement. Measure its width and length where possible.
• Record the exact location: Note the street, nearby building numbers and any recognisable landmarks.
• Record the conditions: Make a note of the time, weather, lighting and visibility.
• Collect witness details: Ask anyone who saw the accident for their name and contact details.
• Report the hazard: Report the pavement defect to the local council or property owner. Keep a copy of the report and any reference number.
• Keep medical records: Medical records can help connect your injuries to the pavement trip accident.
• Keep details of losses: Retain documents relating to lost earnings, treatment, travel, care and other reasonable expenses.

Do not place yourself in danger while taking photographs or measurements. Another person can return to the location on your behalf where necessary.

It is useful to take photographs promptly. Pavement hazards may be repaired after an accident or public report.

Further information is available in JMW’s guide to the evidence used during a personal injury claim.

What happens if you could not collect evidence at the scene?

You may still be able to make a personal injury claim if you were unable to take photographs or measurements immediately.

JMW can investigate other sources of evidence. These may include:

• Council inspection records
• Previous reports of the defect
• Maintenance and repair documents
• Witness statements
• CCTV footage
• Medical records
• Photographs taken by another person
• Evidence from relevant specialists

A repaired pavement does not necessarily prevent an investigation. Existing records and images may still establish its previous condition.

Claims should be investigated promptly because some evidence is not retained indefinitely.

In most personal injury claims in England and Wales, court proceedings must be started within three years of the accident. Different rules apply in some circumstances. JMW explains these in its guide to the personal injury claim time limit.

What Is the Pavement Accident Claims Process?

The claims process starts with an assessment of what happened. Your solicitor will consider the pavement defect, available evidence and the organisation that controlled or maintained the area.

The usual stages include:

1. Assessing the accident: Your solicitor takes details of where and how the pavement trip happened.
2. Identifying the responsible party: Land ownership and highway maintenance records may be checked.
3. Gathering evidence: Photographs, measurements, witness statements and maintenance records are collected.
4. Notifying the other party: The council, highway authority, occupier or insurer receives details of the compensation claim.
5. Investigating liability: The other party responds and provides relevant inspection or maintenance evidence.
6. Obtaining medical evidence: An independent medical assessment can establish the nature of the injury and its effects.
7. Calculating compensation: The assessment takes account of the injury and related losses.
8. Resolving the claim: Your solicitor negotiates with the other party or its insurer. Court proceedings may be started where required.

Compensation is based on the effect of the injury rather than the pavement height itself. It can account for pain and symptoms as well as lost earnings, medical treatment, rehabilitation, travel and care needs.

JMW’s compensation calculator provides further general information about how injuries are valued.

Eligible claims may be handled under a conditional fee agreement. This is commonly referred to as a No Win, No Fee agreement. The funding terms and any success fee will be explained before the claim begins.

You can find a broader overview in JMW’s step-by-step guide to claiming personal injury compensation and its interactive guide to the lifecycle of a personal injury claim.

How JMW Can Help With a Pavement Trip Hazard Claim

JMW’s personal injury solicitors have experience handling slip and trip claims, including pavement accident claims involving local authorities and private property owners.

We will assess the pavement height and the wider circumstances of the accident. Our team can identify who was responsible for the area and obtain the records needed to investigate the claim.

We can:

• Review photographs and pavement measurements
• Establish who maintained or controlled the area
• Request inspection and maintenance records
• Obtain reports made before the accident
• Collect witness and medical evidence
• Arrange an independent medical assessment
• Assess the injury and related losses
• Deal directly with the other party and its insurer
• Explain each stage of the claims process
• Seek appropriate compensation and rehabilitation support

Our team will also examine any defence raised by a local council or another organisation. We will compare its inspection and maintenance evidence with the condition of the pavement and the circumstances of your accident.