Pothole & Pavement Claims | Highways Act Guide UK

The Highways Act: Section 41 and Section 58

Under Section 41 of the Highways Act 1980, the highway authority (your local council for most roads and pavements) has a duty to maintain highways. This includes roads, footpaths, pavements, cycle paths, and bridges. When a defect in the highway causes injury or damage, the council can be held liable.

The Section 58 defence allows the council to avoid liability if they can prove they had a reasonable system of inspection and maintenance and either the defect was not there at the last inspection or they could not reasonably have been expected to find it. Challenge this by showing the pothole or defect was reported to the council before your accident, was in a high traffic area that should have been inspected more frequently, was large or obvious enough that any reasonable inspection would have found it, or had been developing over a long period.

Pothole Claims

Pothole injuries to pedestrians: twisted ankles, broken bones, knee injuries, falls causing head injuries. Pothole cycling accidents: cyclists are particularly vulnerable to potholes, which can cause serious falls. Pothole e-scooter accidents: increasingly common. Vehicle damage: tyre blowouts, bent wheels, damaged suspension.

How to claim: photograph the pothole with a ruler or coin for scale. Note the exact location (what3words or GPS coordinates). Report it to the council (this creates a record). Get medical attention for injuries. Keep repair receipts for vehicle damage. Contact a solicitor. If your claim is rejected, you can appeal through the council's complaints process or take legal action.

Pavement Trips and Road Defects

Uneven paving slabs, raised kerbs, sunken drain covers, tree root damage lifting pavements, loose manhole covers, broken steps, and damaged crossings all fall under the council's maintenance duty. Trip hazard height: there is no fixed legal minimum, but courts have generally considered defects of 20mm or more to be actionable. Street lighting failures: the council must maintain street lights. If a failure to light an area contributed to your accident, this can support a claim.

Council negligence: Beyond highways, councils are liable for defects in council-owned buildings, car parks, parks, playgrounds, and public facilities. Fallen trees from council land, overgrown hedges obscuring sightlines, and dangerous council car parks are all claimable. Roadworks accidents: contractors and councils are liable for inadequately signed, lit, or barriered roadworks.

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