Injured in a public place? You might be eligible to make a personal injury claim if your injury is somebody else’s fault.
In this guide, we start by explaining what a public liability claim is and how personal injury compensation could be awarded for a successful case. We examine the common causes of injuries in public places and who would be liable. The guide then explains your rights if you are injured in a public place and the process of starting a claim. We examine the possibility of the responsible party denying liability and conclude with an explanation of how the No Win No Fee solicitors on our panel could help you.
Do you want advice on how much compensation you can claim? Contact our team now for free advice about personal injury compensation claims by:
- Call us on 0800 408 7826.
- Drop an enquiry on our Contact Us form.
- Ask about personal injury compensation for a public space accident in our live chat.
Browse Our Guide
- What Is A Public Liability Claim?
- How Much Compensation Can You Get For A Public Liability Claim?
- Common Causes Of Injuries In Public Places
- Who Is Liable In A Public Liability Claim?
- Starting A Claim
- What If The Responsible Party Denies Liability?
- Make Your Public Liability Claim On A No Win No Fee Basis
- Learn More About Public Liability Claims.
What Is A Public Liability Claim?
A public liability claim is made to claim compensation for injuries which occur in a public place. Such claims are made against those who are in control of public places (otherwise known as occupiers).
Some examples of public places include:
- A restaurant, cafe or pub
- A gym or sports complex
- A park or playground
- Hotel or resort
- Shopping centre
- Trainstation
How To Make A Public Liability Injury Claim
The Occupiers’ Liability Act 1957 denotes the owners of public places as ‘occupiers’. The law states that the occupiers are responsible for ensuring the reasonable safety of all visitors. This clearly places a duty of care on the occupiers.
In order to have a valid public liability claim, you need to demonstrate the following:
- The individual or organisation responsible for that space had a duty of care towards you.
- They did not fulfil this duty.
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An accident occurred in a public place and you suffered an injury, due to the above breach.
Want to make a broken leg claim? Contact our advisory team now for the most accurate information about public liability compensation claims.
How Much Compensation Can You Get For A Public Liability Claim?
If successful, your compensation for your public liability claim could consist of up to two kinds of damages:
- General Damages- You claim these damages for the physical and psychological injuries sustained in the accident.
- Special Damages- You claim these for the financial losses you’ve suffered as a result of your injuries.
Typical Compensation Amounts
Your solicitor may direct you towards an independent medical examination to ascertain the nature and extent of your injuries. Apart from this, the Judicial College Guidelines (JCG) provide a list of injuries and guidance about the amount of compensation you could claim. We’ve reproduced some of the JCG figures below for your reference. However, you should note that the first row isn’t from the JCG and these figures are just guidelines.
Injury Notes Compensation Guidelines
Multiple Severe Injuries and Special Damages Compensation could be awarded for more than one injury and consider if there has been a loss of earnings, nursing care is required Up to £1,000,000+
Paralysis- Tetraplegia The senses of speech, hearing and sight are retained but the person needs help with bodily functions. The amount depends on factors like effect on enjoyment of life, life expectancy and inconvenience. £396,140 to £493,000
Paralysis- Paraplegia The compensation awarded would depend on factors like the extent of dependence, severity of pain, age and life expectancy. £267,340 to £346,890
Severe (ii) Back Injury There is an orthopaedic injury to the back which could result in impacts like impaired mobility, nerve damage and associated loss of sensation, scarring and sexual dysfunction. £90,510 to £107,910
Severe (iii) Back Injury Disc lesions or fractures to discs or vertebral bodies or to soft tissues causing chronic conditions where despite surgery, disabilities remain. £47,320 to £85,100
Severe Leg Injuries (iii) There are severe injuries to joints or ligaments which results in a combination of heavy scarring, possibility of arthritis in the future, extended treatment and instability £47,840 to £66,920
Less Severe Brain Damage There is a good recovery and return to normal life but there are persisting problems such as poor concentration or memoy which could interfere with future prospects. £18,700 to £52,550
Moderate Ankle Injury Fractures and ligament tears which cause issues like difficulty in walking on uneven ground or difficulty in standing or walking for a long stretch of time. £16,770 to £32,450
Less Severe Wrist Injuries The injuries are less severe but still cause some permanent disability like chronic pain and stiffness. £15,370 to £29,900
Modest Foot Injuries Simple injuries like ruptured ligaments and puncture wounds. Compensation awarded depends on the extent of recovery and the impact on daily activities. Up to £16,770
As far as financial losses are concerned, you could claim for them as well such as:
- Loss of Earnings– This could include the time you took off from work and the support you required to return. You could also claim for the difference in earnings if you have to work at a reduced capacity.
- Medical Expenses– You might be able to claim for the money you spent on diagnostic tests, prescriptions and therapy sessions. You could also seek the amount you spent on commuting to and from medical appointments.
- Disability Equipment– It’s possible to claim for the equipment purchased to help you navigate a permanent disability like a walking stick or wheelchair.
- Modifications– If you had to modify your home or vehicle because of your disability, you could claim for the same.
To gain more clarity about how much compensation your public liability claim could be worth, you can use our compensation calculator or speak to a member of our team.
Common Causes Of Injuries In Public Places
Some common examples of injuries in public places are:
- A spillage has occurred in a supermarket and it hasn’t been cleaned, even though the occupier was made aware of the hazard. There are no warning signs in place and you end up slipping, breaking your arm.
- While visiting a restaurant, you sit on a faulty chair, which ends up breaking and you sustain a pelvic injury. Previous diners had reported the faulty chair to the person responsible for running the establishment.
- You’re walking down a flight of stairs in a shopping centre, which has a defective railing. The occupier of the shopping centre were award of the defect and did not take the staircase out of use until it could be repaired. Because of the fault in the railing, you suffer a fall and, consequently, a permanent disability.
You can contact our team to gain information about seeking compensation for psychological damages as part of a public liability claim.
Who Is Liable In A Public Liability Claim?
As explained above, you have to prove the liability of the occupier. This means that if your claim is successful, the party responsible for that space, such as an organisation or person in charge of it, would have to compensate you.
If your claim is against a shop or business, the compensation would be paid through public liability insurance. If the establishment is a business, they should have public liability insurance cover. While this isn’t a mandatory requirement, a responsible business would include it to safeguard their business from compensation claims.
On the other hand, local councils and authorities are responsible for the areas under their control. For example, if you trip over a pothole which the local authority didn’t bother to repair, you might be eligible to claim compensation from them.
Would you like to discuss who your public liability claim could be made against? Reach out to one of our advisors.
Starting A Claim
If you’re injured, the most important step is to seek medical treatment. Even if you think that you aren’t injured, it’s better to go for a medical examination to rule out any risk of internal injuries. This could also be vital for the evidence you would need to obtain if you wish to make a public liability claim.
Evidence And Proving Negligence
Compiling evidence is an important step to strengthen your public liability claim. Some examples of the evidence which could help are:
- Witness Contact Details- If there’s a witness to the accident, they could help in corroborating your story. Collecting their contact details would help to contact them for their statements later on.
- Photographs of your injuries or the accident site.
- CCTV footage of the accident.
- Copies of your medical reports to demonstrate the gravity of your injuries.
Time Limits For Filing A Claim
According to the Limitation Act 1980, you’ll have three years to initiate your public liability claim. However, there are some exceptions to this time limit:
- For Minors: If a minor is injured, the time limit will only commence once they turn 18. They will then have until their 21st birthday to make the claim. Alternatively, a loved one could make the claim before their 18th birthday by acting as a litigation friend.
- Diminished Mental Capability– There’s no time limit in case of a person who’s lost their mental capability to file a claim. If they fulfil the criteria given in the Mental Capacity Act 2005, somebody else could claim for them as a litigation friend. However, it’s important to note that the time limit will apply once they regain their mental capability.
Choosing The Right Solicitor
It’s important to ensure that you hire a competent and qualified expert to provide you legal services. Personal injury law is one of the many specialisations in law and it’s imperative that you find the right expert to guide you.
If you contact one of the advisors from our team, they can assess your public liability claim and if it seems valid, they can connect you to one of the No Win No Fee solicitors from our panel. Should a solicitor take your case, they will help you gather evidence, explain complex legal jargon and guide you through the personal injury claims process.
The personal injury solicitors from our panel have many years of collective experience with public liability compensation claims.
Will I Need To Go To Court?
If you make your claim through a solicitor from our panel has the knowledge and experience to help secure the maximum compensation for your case in the least stressful manner. Your No Win No Fee solicitor will negotiate your claim and follow the Pre-Action Protocols to help prevent the need to go to court. However, if court attendance is compulsory, your solicitor will inform you accordingly.
Wondering what steps a personal injury solicitor from our panel would take to help keep your claim for compensation from a fall out of court? Contact our team now for a discussion.
What If The Responsible Party Denies Liability?
If the other side denies liability a solicitor from our panel would help to gather additional information and evidence. They would negotiate on your part, possibly through Alternative Dispute Resolution, which could allow resolution without issue proceedings.
Parties involved, whether they deny liability or you are seeking a larger settlement could:
- Discuss and negotiate to settle matters.
- Enter mediation (a third party facilitates).
- Arbitration (a third party decides).
- Early neutral evaluation (third party providing an informed decision on the case).
If the defendant does agree to compensate you but the compensation being offered isn’t enough, you could negotiate for a fairer amount. Your personal injury solicitor would help you in negotiating the most reasonable amount for your injuries.
Make Your Public Liability Claim On A No Win No Fee Basis
If you have an eligible public liability claim, we recommend that you enlist a solicitor from our panel. Our panel of solicitors has years of experience and competence, and they would help you in collecting evidence as well as guide you through the Pre-Action Protocols and negotiate with the defendant’s insurer.
You need not worry about paying upfront consultation fees since your solicitor would offer No Win No Fee services. Your case would be handled on a Conditional Fee Agreement (CFA) model. This means that you’ll have to pay for your solicitor’s services only if your claim is successful. You won’t have to make any payments for your solicitor’s work on it while the claim is pending or if it is unsuccessful. If the court awards you compensation, your solicitor would deduct a certain percentage. This is called the Success Fee and the law places a limit on the percentage which could be deducted.
Make your personal injury claim with our panel now on a No Win No Fee basis. Contact us by:
- Dial us at 0800 408 7826.
- Drop an enquiry on our Contact Us form.
- Ask about claiming compensation in our live chat.
Learn More About Public Liability Claims
We hope that you found our guide on making a public liability claim informative. Here are some more guides from our website which may be helpful:
- Information on claiming compensation for a facial scar.
- Our guide on hand injury claims.
- Details on injury at work claims.
Here are external links for further reading on public liability accidents:
- Guidance from the Royal Society for the Prevention of Accidents (RoSPA) on preventing falls.
- Information from the government on Statutory Sick Pay (SSP)
- Details from the NHS on finding the nearest A&E services.