Claims against the council for negligence

If you’ve been injured due to council negligence, such as tripping on a raised paving slab, you could be entitled to make a compensation claim against the council.

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claims against the council

Claims Against the Council

Local councils are responsible for a range of public places and facilities, such as schools, social services and public transport. They must take all reasonable measures to keep these public premises safe and in good working order to avoid accidents and injuries to visitors. If they fail to uphold their duties and you suffer harm as a result, you may be eligible to claim against the council for personal injury compensation.

Common claims against the council relate to potholes, damaged pavements, faulty equipment in leisure centres, and poorly maintained roads. These hazards can cause various injuries, ranging from cuts and sprains to severe head and back trauma.

If you have suffered any injury or illness due to council negligence, you can claim compensation for your pain, suffering and related financial losses.

To find out if you can make a claim against the council, do not hesitate to call 0800 470 0474 or enter your details into our online contact form to speak to a legal adviser. They will offer you a free case assessment and answer all your questions about the claims process.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

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    By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

    What services are councils responsible for?

    Local councils are statutory bodies that are the first tier of local government. There are around 10,000 local councils in the UK, which are responsible for a wide range of services, including:

    • Education – manage schools and other educational facilities and provide transport for children to get to school;
    • Housing – provide accommodation for people in need and maintain social housing;
    • Social services – offer support and assistance with caring for children, older people and disabled individuals;
    • Highways and transportation – councils and local authorities must maintain the roads, public transportation services, and footpaths;
    • Waste management – manage waste disposal and collection and recycling programs;
    • Leisure and cultural services – provide recreational facilities such as parks, libraries and museums and maintain them safe for visitors;
    • Environmental health and services – Ensuring public health and safety through monitoring air and water quality and the food served in pubs and restaurants;
    • Emergency planning – develop strategies to respond to emergencies and disasters effectively.

    If you had an accident while using the services and facilities provided by the council, you may be eligible to claim compensation. That means you could claim compensation from the council if you were injured while using:

    • Schools
    • Care homes
    • Parks and playgrounds
    • Public roads and footpaths
    • Libraries, museums and other leisure centres
    • Council offices
    • Public transportation
    • Recycling centres
    • Bus stops
    • Sports facilities
    • Public toilets

    Can I make a claim against the council for negligence?

    Local councils have a duty of care to keep all public premises and facilities they are responsible for safe and in good working order. If you had an accident due to a pothole on the road, broken pavement, slippery floor in a care home, or any other hazard, you could be able to start a personal injury claim against the council.

    An experienced solicitor can verify your eligibility to make a no win no fee* claim during a free consultation over the phone. They will determine whether you could sue the council for injury by checking whether:

    • The council breached its duty of care towards you
    • This negligence led to your accident
    • You suffered an injury as a result within the last three years

    Your solicitor will have extensive experience in claiming against the council. They will know what legislation applies to your case to prove a duty of care and liability for your accident. Your lawyer will support you at every step of the claim and will handle all communication on your behalf.

    To find out if you can claim compensation from the local council, do not hesitate to call 0800 470 0474 for a free case assessment.

    How do I make a claim against the council?

    If you want to claim against the council for personal injury, the first thing you should do is contact a personal injury solicitor. They will offer a free assessment to discuss your case and see if you have valid grounds to sue a council for compensation. If your case has merit, they will offer you a no win no fee agreement and help you gather evidence to support your claim. This could be:

    • Visual evidence of the council accident scene, such as photographs or a video. These should be taken from various angles before anything is moved, repaired, or replaced. This visual evidence can be crucial in proving the council’s negligence.
    • Copies of your medical records and diagnostic tests such as X-rays will help prove the type and extent of your injuries and the required treatment.
    • Statements from witnesses who saw the accident occur or can provide information about the hazardous conditions that caused your injuries. These can help corroborate your claim in cases where liability is denied, so you should ask for the names and contact details of anyone present at the accident scene.
    • An accident report form. Councils are legally obliged to keep an accident logbook and record all incidents reported to them. You should report your accident to the council and request a signed copy of the logbook entry to support your case.
    • If your accident was captured by CCTV cameras, your solicitor can also secure a copy of the footage to help prove how the events unfolded.
    • Financial documents such as receipts and invoices will help quantify all the losses and expenses incurred due to the accident and calculate the value of your compensation award.

    Once you have all the necessary evidence to begin your claim, your solicitor will contact the defendant and inform them of your intentions. The other side will have three months to investigate your allegations and admit or deny liability. Assuming they accept responsibility, you can begin to negotiate your accident compensation payout. If they deny it, your solicitor will be prepared to issue court proceedings and argue your claim before a judge.

    What duty of care do councils owe the public?

    Councils and local authorities have a duty of care toward the public. Their responsibilities are outlined by legislation such as the Occupiers Liability Act 1957 and the Highways Act 1980. This legal duty requires councils to take reasonable steps to ensure the safety of visitors and prevent foreseeable harm. Specifically, the local authorities must:

    • Ensure that their premises, such as parks, public buildings, and pavements, are regularly inspected and kept free of hazards;
    • If there are known hazards on council property that may not be immediately obvious to visitors, provide adequate warnings such as signage or barriers to prevent accidents;
    • Respond promptly to reports of hazards and dangerous conditions;
    • Take special consideration towards children, who may be less aware of dangers and more susceptible to injury;
    • Regularly inspect public highways, roads, pavements and footpaths and repair any defects, such as potholes, cracks, or uneven surfaces;
    • Ensure all public transportation is regularly inspected and maintained.

    If you suffered an injury due to a breach of these duties, a solicitor could help you make an accident claim against the council.

    Can I sue the council for an accident at work?

    Like all other employers, local authorities and councils have a duty of care towards employees. They must take all reasonable measures to keep them safe from accidents and injuries, as dictated by the Health and Safety at Work Act 1974 and other relevant legislation. Their duties include:

    • Carry out regular risk assessments to identify potential hazards and evaluate the risks to employees’ health and safety;
    • Provide and maintain a safe and healthy working environment by practising good housekeeping;
    • Develop and implement health and safety policies and procedures to manage workplace risks effectively;
    • Ensure all equipment and machinery used for various work is scheduled for regular inspection and maintenance;
    • Offer adequate training to employees with regard to their tasks and safety issues;
    • Provide employees with suitable personal protective equipment (PPE) to protect them from workplace hazards where necessary, such as safety helmets, gloves or respiratory protection;
    • Make sure that all PPE is fit for its purpose and in good working order and that employees use it correctly;
    • Regularly monitor workplace conditions and review health and safety practices;
    • Create a safe and respectful working environment for all employees and prevent workplace harassment and bullying;
    • Ensure that all work at height is suitably planned, supervised and carried out by competent people;
    • Provide training and information regarding manual handling activities such as lifting, carrying or moving objects by hand.

    If the council failed to comply with the legislation and you suffered an injury as a result, you are eligible to make an accident at work claim. This is a legal right and should not put your job at risk. If you are sacked, demoted, or disciplined in any other way due to your claim, you are protected by unfair dismissal laws. In these circumstances, a solicitor can help you start a further claim at an employment tribunal.

    Types of compensation claims against the council

    Councils have a duty to ensure the safety of all employees, visitors and other members of the public on the premises for which they are responsible. If they breach this duty of care, a compensation claim can result from any accident, including:

    • Slips, trips, and falls. Councils may be liable for compensation if someone slips, trips, or falls on poorly maintained pathways, roads, or public areas. Such accidents could be due to negligence in upkeep or failure to address hazards like ice, debris, wet floors or uneven surfaces.
    • Accidents at work. Council employees can have a range of accidents at work, such as slips, trips, falls from heights, or manual handling injuries. These could be due to the council’s negligence in providing a safe working environment, proper training, or adequate equipment.
    • Road traffic accidents. Councils could be held responsible for accidents caused by factors like poor road maintenance, inadequate signage, or failure to address known hazards.
    • Pothole accidents. Potholes are a known hazard that can cause injuries to all road users. If you suffered an injury due to pothole damage, you may be eligible for compensation as long as the pothole had a depth of at least 25 mm (1 inch).
    • School accidents. Councils are responsible for ensuring that school premises, equipment and furniture are in good working order and safe for children. If your child was injured due to unsafe school premises or inadequate supervision, you may be able to claim on their behalf.
    • Gym injuries. Local councils also run gyms and other leisure centres, such as swimming pools. If you have suffered an injury due to faulty equipment, lack of proper maintenance, or inadequate supervision by staff while going there to have fun or exercise, you could be eligible to claim compensation.
    • Park and playground accidents. Unsafe equipment, inadequate safety measures, or lack of maintenance may cause accidents in parks or playgrounds. In such cases, a solicitor could help you make a council accident claim.
    • Accidents in council houses. Tenants injured in accidents caused by defects or hazards in council-owned properties, such as faulty wiring, leaks, or structural issues, may be eligible to claim compensation.
    • Negligent social care. Individuals receiving social care services from the council may have grounds for a claim if they suffer harm due to negligence in providing appropriate care, supervision, or support.
    • Public transport accidents. Councils must ensure that all public vehicles, such as busses or trams, are regularly inspected and in good working order. They must also ensure drivers have sufficient training and address any safety concerns in public-owned bus and train stations.

    This list is not exhaustive, and your accident may not have been mentioned here. That does not mean you cannot claim against the council if you were injured due to its failure to protect your health and safety in accordance with its legal duty. To find out if you have a valid claim, please feel free to contact a friendly legal adviser by calling 0800 470 0474 or clicking here to arrange a callback.

    What injuries could lead to a compensation claim against the council?

    Essentially, you could make a claim against the council for any injuries caused by its negligence, other than the most minor ones. Some of the most common injuries include the following:

    • Lacerations. Sharp objects, broken glass, or poorly maintained equipment on council property can cause cuts and lacerations. These can lead to bleeding and tissue damage and may pose a risk of infections. Deep cuts may need stitches and cause permanent scars.
    • Broken bones. Falls, road traffic accidents, or collisions with objects can cause fractures in various body parts. A fracture typically results in pain, swelling, and limited mobility. In severe cases, you may need surgery and have long-term issues like chronic pain and stiffness.
    • Back injuries. Slip and fall accidents or lifting heavy objects at work can lead to back injuries such as strains and sprains or even more severe conditions like herniated discs or spinal cord injuries.
    • Head injuries. Falls, collisions, or being struck by falling objects can cause head injuries. These can range from mild concussions to more severe traumatic brain injuries, leading to symptoms like headaches, dizziness, or loss of consciousness.
    • Sprains and strains. Trips or slips on uneven surfaces or poorly maintained walkways can result in sprained ligaments or strained muscles. These can cause pain, swelling, and limited mobility.
    • Burn injuries. Exposure to hot surfaces, electrical malfunctions, or chemical spills can cause burns. Severe burn injuries need medical treatment and can have long-term consequences.
    • Nerve damage. Trauma or compression injuries sustained during accidents on council property can also damage your nerves. Symptoms include numbness, tingling, weakness, or loss of sensation in affected areas. In some cases, the damage can be permanent.

    If your accident was caused by council negligence, a solicitor could help you make a personal injury claim for compensation.

    Can I claim compensation on behalf of a loved one?

    If someone you love suffered an injury on public premises, you could make a claim against the council on their behalf. To claim on behalf of someone else, you must apply to the court to be named as their litigation friend. This process is typically used when the injured party is either a child under 18 or a protected party. The latter refers to an adult who lacks the mental capacity to handle their own case.

    Any adult can apply to act as a litigation friend on behalf of a loved one as long as they:

    • Have no conflict of interest with the injured party
    • Can conduct legal proceedings justly and competently

    Becoming a litigation friend can be a long-term commitment which brings several responsibilities, such as:

    • Act in the claimant’s best interests
    • Approve and sign legal documents
    • Help gather evidence to support the compensation claim against the council
    • Communicate with solicitors and take legal advice
    • Pay any fees and costs ordered by the court
    • Make decisions about the case and any compensation offers from the council or local authority

    If you successfully claim against the council for personal injury on behalf of your loved one, you may also have to attend a court hearing. A judge will review the evidence and determine whether their compensation is fair and meets their needs.

    You will usually stop being a litigation friend when either:

    • The claim is settled;
    • The child turns 18;
    • A protected party regains their mental capacity;
    • You or someone else applies for a replacement with a valid reason.

    What is the time limit for making a council compensation claim?

    If you have suffered an injury due to negligence from your local council, you have three years to make a compensation claim. This time limit is established by the Limitation Act 1980 and begins from either:

    • The date of the accident that caused your injury; or
    • The date your injury was diagnosed (known as the date of knowledge). This applies to situations where an injury does not become immediately apparent after an accident or develops over time due to wear and tear.

    If you do not start legal proceedings within the allotted timeframe, your case will be statute-barred and no longer valid. Starting your claim as soon as possible will ensure you do not miss this deadline and has several other benefits, such as:

    • It makes it easier to remember essential details about the accident, both for you and any potential witnesses;
    • Your solicitor will have enough time to gather all the necessary evidence to build a solid case, which could take months;
    • It ensures you receive your compensation award as soon as possible if your claim is successful;
    • Your solicitor can secure interim payments on your behalf to cover any pressing financial needs.

    There are a few exceptions to the three-year limitation date, which might apply to your case:

    • With child accident claims, there is no time limit while the child is still a minor, and a parent or another suitable adult can make a claim on their behalf at any time. The three year countdown only begins on the child’s 18th birthday, from which they have three years to start legal proceedings themselves.
    • If the injured person lacks mental capacity under the Mental Health Act 1983, the time limit is put on hold. This could be due to the injury sustained because of the council’s negligence or a pre-existing condition like Down syndrome or Alzheimer’s. In this case, a litigation friend could claim on their behalf anytime.

    How much compensation could I claim against the council?

    The amount of compensation you could receive if you successfully sue the council for negligence will depend on your specific losses. There is no set amount of compensation, as this is calculated on a case-by-case basis.

    Your solicitor will work hard to secure the maximum settlement possible on your behalf. They will include two types of damages in your claim against the council:

    General damages refer to compensation awarded for non-monetary losses that are not easily quantifiable, such as:

    • Physical pain and suffering
    • Emotional trauma and mental anguish
    • Scarring and disfigurement
    • Physical and mental disability
    • Loss of enjoyment of life
    • Loss of ability to pursue a hobby or take part in social activities

    These damages are intended to compensate you for the negative impact on your overall well-being and quality of life. They are calculated based on historical cases and the guidelines from the Judicial College.

    For example, you could receive between £1,880 and £344,640 in general damages for a head injury and between £5,630 and £255,930 in general damages for an arm injury, depending on severity. For more information about compensation awards, please refer to our compensation calculator or call 0800 470 0474 for a free consultation with a legal adviser.

    You can also make a claim for special damages, which are awarded for specific financial losses or expenses incurred as a direct result of the council’s actions or negligence. These may include:

    • Costs associated with private medical treatment
    • Counselling and physical therapy sessions
    • Loss of earnings during recovery or loss of earning capacity
    • Travel expenses to and from medical appointments and therapy
    • Home and vehicle adaptations to accommodate an injury or disability resulting from the accident
    • Any other out-of-pocket expenses related to the accident on council property

    Special damages are calculated based on physical evidence such as medical bills, receipts and invoices. You should keep any documents of financial losses that you want to include in your claim.

    Can I make a No Win No Fee claim against the council?

    If you are thinking about making a claim against the council, the first thing you should do is seek legal advice. An experienced solicitor will discuss your case with you and determine if you have a fair chance of winning compensation. If so, they will offer you a no win no fee service. That means you do not have to pay them anything upfront or if your case fails.

    Under this agreement, your solicitor will only receive a success fee if they secure compensation. This fee cannot exceed 25% of your award for general damages and past financial losses. You will agree upon the exact percentage upfront, so there will never be any unexpected or hidden charges.

    To eliminate any financial risk to you, your solicitor will also take out After the Event (ATE) insurance on your behalf. If you lose the claim, this insurance policy covers all the costs related to litigation to ensure you won’t pay a penny, such as:

    • Medical reports and expert witness fees
    • Court and counsel fees
    • Barrister fees if the case goes to court
    • Travel expenses like fuel and parking
    • Costs of printing and copying

    To learn more about claiming against the council, call 0800 470 0474 today to speak to a legal adviser. You can also enter your details into our online claim form to request a call back with no obligation to proceed with your case.