UKI tripped on a broken pavement. Is the council liable?
The council may be liable if it failed to maintain the pavement and that failure caused your injury, but you must prove they knew or should have known about the defect and did not act reasonably.
What the Law Says
The legal duty of local councils regarding pavements is grounded in common law negligence and statutory obligations. While the Occupiers' Liability Act 1957 applies to 'occupiers' of premises, courts have consistently held that councils are not 'occupiers' of public highways — including pavements — for the purposes of this Act.
Instead, councils owe a duty under the Highways Act 1980 (not provided here, but legally central) to maintain public highways, including footways, in a safe condition. This is a statutory duty of 'reasonable care', not strict liability — meaning the council is only liable if it failed to act as a reasonable authority would in the circumstances.
The Occupiers' Liability Act 1957 s. 2 does not apply directly to councils for pavement defects because they are not considered 'occupiers' of the highway. As confirmed in case law (see below), this Act governs relationships between occupiers and visitors on private or controlled land — not public streets.
Statutory Text— Occupiers' Liability Act 1957 s. 2 — c. 31
What to Do
Gather evidence immediately: take clear photos of the defect (with scale, e.g., a ruler or shoe), note location, date, time, and weather conditions.
Report the defect to the council via their official channels and keep proof of report (e.g., reference number, screenshot, email).
Seek medical attention and keep all records — these support causation and injury severity.
Check whether the defect was reported before your accident (you can request council repair logs under FOI).
Consult a specialist personal injury solicitor before the 3-year limitation deadline — claims against councils often involve complex evidence and procedural rules.
Sources
Same Question, Other Jurisdictions
Ireland
JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.