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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Council and Local Authority Claims

England & WalesLast reviewed 18 September 2026

Councils are liable for injuries caused by failures to maintain roads and pavements, and as occupiers of parks, buildings and other land. They can defend a highways claim by proving they took reasonable care through inspection and repair systems, so early evidence matters.

Roads and Pavements

Direct Answer: For trips on pavements and accidents on roads the claim is under the Highways Act 1980: the authority must maintain the highway, but has a defence if it proves it took reasonable care.

The council's records of inspections, complaints and repairs decide many claims. Whether a defect was reported earlier, how serious it was and how quickly it was addressed matter. For vehicle damage and injury from potholes, see our pothole claims guide.

Parks, Buildings and Other Land

As an occupier of parks, car parks, leisure centres, libraries and public toilets, a council owes visitors the common duty of care under the Occupiers' Liability Act 1957 and a more limited duty to trespassers under the 1984 Act. Claims cover hazards such as broken steps, unsafe play equipment, falling trees where inspection was inadequate and poorly lit areas.

Making the Claim

Report the incident in writing as soon as you can and keep the reference number. Photograph the hazard, note its exact location, and get witness details. Councils usually have insurers, and many run their own claims process, but you do not need to use it and should not accept a quick settlement without advice.

Frequently Asked Questions

Can I claim if I tripped on a council pavement?

Yes, potentially, if the defect made the pavement dangerous and the council failed to take reasonable care to inspect and repair it. The council may rely on the section 58 defence, so its records matter.

What is the section 58 defence?

The defence that the council took such care as was reasonably required to keep the road safe, usually by showing regular inspections and prompt repairs.

Who is responsible for trees and parks?

The landowner or occupier, often the council, must take reasonable care, including inspecting trees and paths appropriate to their risk.

Should I use the council's own claims process?

You can, but it is worth taking advice first. The council's insurer's interests are not the same as yours, and early admissions or settlements can be low.

Does the council have to pay for my vehicle damage?

Only if it was liable for the defect that caused it. Vehicle damage claims have a six-year limit, but you must still prove the council failed to take reasonable care.

How long do I have to bring a council claim?

Generally three years from the date of the accident or, for an illness that develops later, from your date of knowledge. Different rules apply to children, who usually have until three years after their 18th birthday, and to people who lack capacity. Evidence disappears quickly, so do not wait until the deadline.

Can I bring a public liability claim on a no win no fee basis?

Usually, yes. A Conditional Fee Agreement means you pay no solicitor fees if the claim fails, and QOCS normally protects you from the other side's costs. If it succeeds, a success fee capped at 25% of general damages and past losses is deducted from your damages. Ask about disbursements such as medical reports before you sign.

You May Also Be Interested In

Public Liability

Claims by visitors and members of the public

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Pothole Claims

Claims against councils for road defects

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Slip, Trip & Fall Claims

Claims under the Occupiers' Liability Acts

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School & Playground Accident Claims

Injuries to children at school and in play areas

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What Is No Win No Fee?

How CFAs work in England and Wales

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Highways Act 1980, s.41 (duty to maintain highways)

    A highway authority must maintain highways maintainable at public expense. It is not a guarantee that the road is perfectly safe: the road must be reasonably passable for ordinary traffic without danger caused by its physical condition.

  7. Highways Act 1980, s.58 (special defence in action for damages for non-repair)

    The authority has a defence if it proves it took such care as in all the circumstances was reasonably required to secure that the part of the highway was not dangerous for traffic — typically shown through inspection and repair records.

  8. Occupiers' Liability Act 1957

    The 'common duty of care' an occupier owes to lawful visitors — the basis of most slip, trip, shop and public-place accident claims.

  9. Occupiers' Liability Act 1984

    A narrower duty owed to trespassers and others without permission to be on the premises — distinct from the 1957 Act's duty to lawful visitors.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.