Trip or Slip Claims

6th November 2014
Trip or Slip Claims image

Trip or Slip Claims


One of the most common types of claim that our clients try to bring involves a slip or trip over uneven or broken paving stones/pavement on the public highway.  However just because there has been a slip or trip on uneven or broken paving stones/pavement does not necessarily mean that there is a claim.

The Defendant

Usually in such cases it is the local highways authority that is the potential Defendant and hence for most cases in the South Holland area this will be the Lincolnshire County Council.

Establishing Liability

To establish liability on the part of the highways authority the Claimant must prove the following:-

(i)         That the paving stone/pavement was “dangerous” to pedestrians;

(ii)         That the dangerous position was created by the failure to maintain or repair the paving stone/pavement; and

(iii)        That injury or damage resulted.

The test of dangerousness is one “of reasonable foresight of harm” to pedestrians, and each case will turn upon its own facts.

Evidence of Dangerousness

As a very general starting point, a slip or trip hazard of one inch or more is more often than not held to be “dangerous”.  However more recently the Courts have used a less formulaic approach.  Courts will also take into account the highways authority’s policy in respect of defects.  For example the Lincolnshire County Council policy suggests that hazards of more than 25mm are dangerous.

Statutory Defence

The highways authority will have a defence to a claim if it can prove that it took such action as was reasonable in all the circumstances to ensure that the particular section of paving stone/pavement was safe.  In short if the highways authority has a reasonable inspection programme, and follows it then it is likely to successfully defend a claim.  For example the Lincolnshire County Council has an inspection programme which states that “main shopping areas” should be inspected 12 times per year.  This is also in fact in accordance with national guidance, and therefore if the Lincolnshire County Council is following this programme then it is likely to successfully defend a slip/trip claim relating to a “main shopping area”.

However quite often we find that a slip/trip hazard has been in situ for many months if not years, which suggests that the highways authority is not keeping to its own inspection programme.  In such circumstances our clients are likely to succeed with a claim for personal injury resulting from the slip/trip.

Have you had a slip/trip within the last three years

If you have slipped or tripped on a public highway within the last three years and suffered an injury as a result, then you might have a claim.  Please arrange to see Daven Naghen for a free interview so that he can assess the merits of your case.  In such circumstances the first interview is free of charge to you.

If you want to speak to Daven about a potential claim then either ring Daven on 01775 722261 or email or write to or contact Grant at 23 New Road Spalding Lincolnshire PE11 1DH.

The Will Writing Company Limited image

The Will Writing Company Limited

It has been reported that The Will Writing Company Limited, whose registered office is at Ergo House, Mere Way, Ruddington Fields Business Park, Nottingham, have ceased to practise.

If you made Wills using this company then it is probably worthwhile making contact with them in order to retrieve your Wills. Once you have your Wills you may wish to make an appointment with one of the lawyers in our Wills, Lasting Power of Attorney and Probate Team in order to review your Will to ensure it still accords with your wishes. We also offer a Will storage facility which is free of charge.

To review your Will please contact one of our lawyers in the Wills, Lasting Powers of Attorney and Probate Department:-

Jane Mawer-
Jamie Dobbs-
Faye Blair-

Or telephone the office on 01775 722261 and ask to speak with one of the team.

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Gemma Mayer LLB

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Daven Naghen LLB

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Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs ACILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

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Claire Smith FCILEx

Claire Smith has been amazing in every way. I highly recommend her and I am so grateful for all her help. She’s professional on all levels, reliable, extremely organised and I will be recommending her to everyone. I’m very lucky to have had her representing me and I can’t thank her enough. She is an asset to Maples. Thanks so much Claire!

Anita Zaborniak

We found it a pleasure to deal with Anita Zaborniak, she was most helpful and informative and kept us up to date with the progress of the purchase of our new home. If we were to move again we wouldn’t hesitate to use Maples again.