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In what circumstances can I claim from the council following a fall in a public place?

Tripping accidents contrary to popular opinion are not straightforward One of the most common accidents that can occur in a public place involves tripping over a raised paving flag or protruding edge. Pavements are seldom perfectly level but the council does have an obligation to maintain and repair every stretch of public footpath within their local area. The problem is that resources and funding do not cover the exhaustive scale that would be required to render all pavements completely defect free.

The courts accept this and generally it is much more difficult now to make a claim for a trip on a public pavement. There is still a legal criteria to follow though and you should be aware of the minimum requirements for any claim to be considered.

As a general rule of thumb, if the pavement defect on which you tripped or fell is greater than one inch (ie sticking up or indenting by more than one inch) you may be able to consider making a claim. Anything less than this specific dimension - in most cases - will not give rise to a claim being brought.