Cornwall Council Pays Out Over £350k for Pothole & Surface Defect Injury Claims Since 2020

Pedestrian accident claims against Cornwall Council have cost over £350,000 since 2020, with potholes and surface defects being the most common causes, according to new figures.

Hundreds of Claims Lodged Against the Council

Accident Claims Advice obtained data showing that 316 claims for pedestrian accidents have been made against Cornwall Council in the last five years. These claims have cost a total of £383,878, with the highest payout occurring in 2020, when claims totalled £175,385.

Although the number of claims has fluctuated, the figures show 64 claims were lodged in 2020, rising to 69 in 2023, before dropping slightly to 60 in 2024.

Most Common Causes of Injury Claims

Cornwall Council identified potholes as the leading cause of pedestrian accident claims, making up 119 cases. The second most common issue was uneven surfaces, which led to 39 claims.

JF Law solicitor Lucy Parker highlighted the risks posed by poorly maintained pathways:

“Pedestrian accidents can result in severe injuries, such as sprains, head trauma, and even broken bones, which means it’s essential that highways and footpaths are properly maintained.”

Under the Highways Act 1980, local councils are responsible for ensuring roads and pathways are safe. This includes regularly inspecting and repairing defects, but as these figures show, many people are still getting injured.

Few Claims Are Successful Across the UK

While accident claims against local authorities can lead to significant compensation payouts, data suggests that only a small percentage of claims succeed.

A 2018 report from the AA found that 10,572 people made claims against councils across the UK, but only 859 were successful—just 8%. This low success rate is often due to the difficulty in proving a local authority’s negligence.

For a claim to succeed, a claimant must show that the council breached its duty of care and that this failure directly caused their injury.

Lucy Parker explained:

“These accidents are often caused by preventable factors, such as poorly maintained roads and pavements or inadequate signage and lighting. It is vital that councils are held accountable for their negligence in these cases. Victims of these accidents may face extensive medical bills, rehabilitation costs, and loss of income.

“The claims that are lodged against councils not only help victims secure the financial compensation they need but also serve as a crucial step towards ensuring that local authorities maintain safer pedestrian environments.”

What Happens Next?

With claims still being made against Cornwall Council each year, the issue of potholes and surface defects remains a concern.

Accident Claims Advice offers support for those who have suffered injuries due to defects on public roads and footpaths. They provide a 24-hour helpline and an online claims form, which can be accessed via their website.

Whether Cornwall Council will see a further drop in claims remains to be seen, but with millions paid out across the UK for similar cases, pressure continues to mount on local authorities to keep public spaces safe.