A claim against the council for a fall is a personal injury claim brought against a local highway authority under section 41 of the Highways Act 1980, where a badly maintained road, pavement or public path caused a fall and a serious injury. Emaari Legal pursues these claims for people who have suffered a genuinely serious injury, not minor bruising or a passing sprain.
This page covers claims arising from potholes, broken paving slabs, raised kerbs and similar highway defects. It does not cover a slip, trip and fall in a shop or business, which is a different duty of care and sits on its own page, or a fall in a supermarket, which follows occupiers’ liability rather than the highway duty described here.
How do you claim against the council for a fall?
A claim against the council for a fall starts by identifying the highway authority responsible for the road or pavement, then proving three things: the council owed a duty to maintain that stretch of highway, the defect breached that duty, and the defect caused the fall and the injury. Section 41 of the Highways Act 1980 places a duty on the highway authority to maintain the public highway in a reasonably safe condition.
The council has a statutory defence under section 58 of the same Act: it can avoid liability by showing it took reasonable care, for example through a documented system of highway inspection and maintenance. Proving the claim therefore means gathering evidence that undermines that defence, not just proving the defect existed:
- Dated, timed photographs of the defect showing its size and location, ideally against a fixed reference point such as a kerb line or drain
- Witness details from anyone who saw the fall or the defect beforehand
- Medical records from the GP or hospital that treated the injury
- A record of when and where the fall happened, matched to the exact stretch of road or pavement
- A request to the council, through its complaints procedure or a Freedom of Information request, for its inspection and repair log for that location
The inspection and repair log matters because it shows whether the council knew about the defect, how recently the road was last inspected, and whether a repair had already been logged but not carried out. A claim is often won or lost on this record.
What funding options are available for a council fall claim?
No win, no fee funding, formally a Conditional Fee Agreement, is the funding route most claimants use for a claim against the council. Before-the-event legal expenses insurance, sometimes already included in a motor or home insurance policy, is another possible route and is checked during the free consultation. Which option applies depends on the claimant’s own circumstances and is confirmed before anything is signed.
What does it cost to claim against the council?
A free consultation with Emaari Legal costs nothing and carries no obligation to proceed. Where a Conditional Fee Agreement is used, the claimant pays nothing to the firm if the claim does not succeed, subject to the agreement’s terms, and a success fee applies only if it does. Full terms, including any insurance needed to cover the other side’s costs if the claim is unsuccessful, are explained before the agreement starts.
How much compensation can you get for a council fall claim?
Compensation for a council fall claim is assessed in two parts: general damages for pain, suffering and loss of amenity, valued by reference to the Judicial College Guidelines, and special damages for the financial losses the injury caused. There is no fixed figure for either part; the amount depends entirely on the injury, its severity, and its lasting effect, which is why cases of this kind are described in ranges rather than promised sums.
| Head of damage | What it covers | How it is assessed |
|---|---|---|
| General damages | Pain, suffering and loss of amenity caused by the injury | Judicial College Guidelines, medical evidence and prognosis |
| Special damages | Loss of earnings, care costs, rehabilitation, travel and adaptations | Receipts, payslips and financial records specific to the claimant |
| Success fee (if a CFA is used) | A percentage deducted from damages if the claim succeeds | Capped by law at 25% of general damages and past losses combined |
| Statutory bereavement award (fatal cases only) | A fixed sum for the closest family members where a fall proves fatal | £15,120 for deaths on or after 1 May 2020 |
Medical evidence drives the general damages figure. An independent medical examination, alongside GP and hospital records, establishes the injury’s severity and its prognosis for recovery, which is why claimants are usually referred for assessment early in the claim.
What is the time limit for a claim against the council?
The time limit for a claim against the council is 3 years from the date of the fall, under the Limitation Act 1980. Section 28 of the Act extends this for children, whose 3-year period runs from their 18th birthday, and suspends it entirely for a claimant who lacks mental capacity, resuming only if capacity returns. Where a fall proves fatal, a claim under the Fatal Accidents Act 1976 or the Law Reform (Miscellaneous Provisions) Act 1934 is subject to its own timing rules and should be raised with a solicitor promptly.
Who is liable for a fall on the highway?
Liability for a fall on the highway rests with the authority responsible for maintaining that road or pavement, established by showing the council breached its section 41 duty and cannot rely on the section 58 defence. Liability is not automatic just because a defect existed; the council escapes liability if it shows a reasonable inspection and repair system was in place and the defect had not been reported or identified before the fall. This is why the inspection log, not just the photograph of the pothole, decides most contested claims.
Where liability is disputed, the claim follows the Civil Procedure Rules’ pre-action protocol for personal injury: a letter of claim sets out the allegations, the council’s insurer has a defined period to respond, and the parties then exchange evidence and negotiate. Most claims settle at this stage. Where they do not, proceedings are issued in the County Court, or the High Court for higher-value or unusually complex claims, and the case proceeds toward trial unless it settles beforehand.
Where to go next after a fall in a public place?
An accident in a public place claim moves fastest when evidence is preserved early, so photographing the defect, noting witnesses and reporting the fall to the council should happen as soon as possible after the injury. Emaari Legal offers a free claim assessment and will send a solicitor to visit a seriously injured claimant at home or in hospital within 24 hours if required, which matters where the injury has left someone immobile or hospitalised.
A council fall claim sits alongside other serious injury work at Emaari Legal. Where a fall causes a broken bone, the injury itself is valued using the same Judicial College framework described on the broken bones page, and where the injury’s overall value is the main question, personal injury compensation amounts explains how general and special damages combine across injury types.
The questions below cover what people actually ask after a fall on a public highway: how to claim against council for a fall, what evidence proves the defect, and how long there is to act.
Frequently Asked Questions
How much compensation do you get for a fall?
Compensation for a fall depends on the injury’s severity, its lasting effect and the financial losses it causes; there is no fixed amount, and a solicitor can only describe cases of this kind by reference to comparable injury bands, not a specific figure.
How much compensation from the council can I claim?
Compensation from the council is calculated the same way as any personal injury claim: general damages for pain and suffering plus special damages for financial loss, once the council’s breach of its section 41 duty and the section 58 defence have been dealt with; the council does not pay a fixed council-specific rate.
What evidence do I need for an injury claim against the council?
Dated photographs of the defect, witness details, medical records confirming the injury, and the council’s own inspection and repair log for that stretch of highway are the core evidence; a Freedom of Information request or the council’s complaints process can be used to obtain the log.
How much can I claim for pain and suffering?
Pain and suffering is claimed as general damages, valued using the Judicial College Guidelines by reference to the type and severity of the injury and its prognosis; an independent medical examination and the claimant’s medical records provide the evidence used to reach that valuation.
Free consultation on your serious-injury claim. Call 0330 441 6754 or request a callback. Request a free assessment of your council fall claim.
“No win, no fee” means we act under a conditional fee agreement: if your claim does not succeed you do not pay our fees, subject to the agreement’s terms. If your claim succeeds, a success fee is deducted from your compensation, capped by law at 25% of the damages awarded for your pain, suffering and past losses, and you may be liable for certain costs in some circumstances. We explain the full terms, including any insurance you may need, before you sign anything.
About this page. This page provides general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice; the right course of action always depends on the specific facts of your situation, and the law may have changed since this page was last reviewed. Strict time limits apply to personal injury claims, usually three years from the date of the accident or the date you first knew your injury was linked to it, with important exceptions (for example for children and for people who lack mental capacity). If you think you may have a claim, take advice as early as possible. For advice about your own circumstances, contact Emaari Legal on 0330 441 6754. Emaari Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 8007172).