Children & everyday injuries
Tripped on a pavement: when might a compensation claim be possible?
Uneven paving does not automatically establish liability. Record the exact defect, visibility and circumstances before conditions change.
Identify the exact hazard
Photograph the place from your direction of travel and include surrounding landmarks. A close-up can show a raised slab, but a wider image may reveal visibility, lighting, barriers or a temporary diversion. Use a safe indication of scale where possible.
Record the address or map location accurately. Responsibility for a public footpath may differ from a shop entrance or private forecourt. A business nearby is not automatically responsible merely because the fall happened outside it.
Explain why the condition was dangerous
The height difference, location, expected pedestrian use and surrounding circumstances may all matter. A pavement does not have to be perfectly level everywhere. A claim therefore needs more than the observation that a tile was uneven.
Witnesses, previous reports and maintenance information may assist. Reporting the problem helps identify the manager and preserve a record, but a later repair does not itself amount to an admission of liability.
Distinguish other types of falls
A spill inside a supermarket raises different factual questions from a defective public pavement. Use our existing supermarket fall guide for that situation. A cyclist affected by a damaged surface can read the road defect guide.
Explain footwear, weather, lighting and any other relevant facts honestly. Potential arguments about your own conduct should be assessed, not left out of the account.
Preserve the consequences as well as the location
Seek medical advice for injury and record how daily life changes. Keep receipts and a note of necessary help. A photograph of a hazard may support the accident account, but does not itself prove all later treatment or income loss is related.
If the incident occurred in the city, Injury Lawyer Amsterdam can discuss the situation. For follow-up organisation, the evidence guide explains a practical way to keep records.
What to keep or ask for
- Exact location and photographs from several distances.
- A safe indication of the defect’s size and visibility.
- Witness contacts and the report reference.
- Medical records and a record of daily-life consequences.
Questions you may still have
Does every height difference in paving justify a claim?
No. Danger, expected use and the surrounding circumstances need assessment. There is no universal outcome based only on the existence of an uneven tile.
What if the pavement was repaired before I returned?
Keep any earlier photographs and witness details, and record when you reported the defect. Other evidence may help, but proving the original condition can become more difficult.
Sources and legal context
General information about Dutch personal injury claims. Some source material is in Dutch. Your circumstances may require a different assessment.
This guide explains general principles. It is not a decision on liability or the value of an individual claim.