How Do You Claim Against a Council for a Pothole or Paving Injury?

To claim against a council for a pothole or paving injury in Scotland, you need to show that the council was responsible for the road or pavement, that the defect was dangerous, and that the council failed to take reasonable steps to inspect and repair it. You then send a claim, with evidence, to the council or its insurer.

The existence of a pothole or a broken paving slab does not automatically mean the council is liable. This guide explains who is responsible, what evidence you need and how a claim works.

Who is responsible for a pothole or broken pavement in Scotland?

Under section 1 of the Roads (Scotland) Act 1984, the local roads authority, usually the council, has a duty to manage and maintain the roads on its list of public roads. Public roads include footways, so pavements are covered as well as the carriageway.

The Scottish Ministers have responsibility for trunk roads under section 2. Some roads and paths are private, and are the responsibility of the owner or occupier instead. Identifying the right body is usually the first step in a claim.

Does the council have to inspect and repair roads?

Yes. The Act places duties on roads authorities to manage and maintain public roads, and maintenance includes repair.

That duty does not mean every pothole leads to liability. A council will often argue that it had a reasonable system for inspecting and repairing roads, or that it did not know, and could not reasonably have known, about the defect in time to fix it.

Can you claim for an injury caused by a pothole or paving defect?

Yes, where the legal tests are met. Pedestrians can trip on raised or broken slabs, and cyclists and motorcyclists can be thrown from their bikes by a pothole, sometimes causing serious injuries.

An injury claim needs medical evidence as well as evidence about the defect. If you were hurt on a pavement or in another public space, our accidents in public solicitors in Glasgow can advise you. If you were cycling, our guide on what to do after a cycling accident may also help, and road users injured in a collision can speak to our road traffic accident lawyers.

Can you claim for pothole damage to your car?

If you hit a pothole and your vehicle is damaged, you may be able to claim the cost of repairs from the responsible authority. You will need evidence of the defect, the damage and why the authority is responsible.

Keep the damaged tyre or parts where practical, get an itemised repair estimate or invoice, and record exactly where and when you hit the pothole. Vehicle damage claims follow different time limit rules from injury claims, so check the position early.

What evidence do you need for a council claim?

Good evidence is often what decides a claim against a council. Our guide on what evidence you need to support a personal injury claim in Scotland covers the general principles. For a pothole or paving claim, the most useful items are:

• Photographs of the defect showing its position, size and condition, ideally with something in the shot for scale.
• Measurements of the depth or height of the defect, if you can take them safely.
• The exact location, such as the street, the nearest house number or a landmark.
• Details of any witnesses.
• Medical records, and receipts for treatment, travel and other costs.
• Any record that the defect had been reported to the council before your accident.

If the council already knew about the defect and did not repair it within a reasonable time, that can be important evidence of negligence.

How do you make a claim against a council?

1. Get medical help Have your injuries checked and make sure the cause of the injury is recorded.
2. Record the defect Photograph and measure it as soon as possible, before it is repaired.
3. Report it Report the defect to the council and keep a copy of your report and any reference number.
4. Gather your evidence Collect witness details, receipts and records of time off work or other losses.
5. Send a claim Your solicitor sends a letter of claim setting out the accident, the defect, your losses and why the council is responsible. Many claims settle without going to court.

How much compensation could you receive?

There is no set amount for a pothole or paving claim. The value depends on the losses you can prove.

For an injury, compensation is made up of solatium, for pain, suffering and loss of amenity, and patrimonial loss, for financial losses such as lost earnings, care and expenses. If your own care for your safety is questioned, your compensation may be reduced to reflect your share of responsibility, but this does not stop a claim.

How long do you have to claim against a council?

Under the Prescription and Limitation (Scotland) Act 1973, a personal injury action must normally be raised within three years of the date of the injury, or of the date you became aware of the relevant facts, if later. The court can sometimes allow a late action, but you should never rely on this.

Different rules apply to claims for vehicle or property damage only. Getting advice early helps you understand which time limit applies and what evidence to keep.

Our personal injury lawyers in Glasgow at Stewart Gordon Thomson Law Firm can assess what happened and advise you on your options. For a wider look at accidents on public land, see our guide on who is liable if you are injured on a pavement or in a public place in Scotland.