How To Claim Against Public Liability Insurance – A Guide

If you have been injured in an accident in a public place which was not your fault, you could claim compensation. Public liability insurance is a type of insurance cover which protects the occupier of a public place against accident and injury claims made against them. It may cover the occupier’s legal costs and pay compensatory damages to victims in the event of a successful claim. In this guide, we look at how to claim against public liability insurance.

In this guide, we explain what public liability claims are and when you could be entitled to make one. We help you to understand your rights before guiding you through the claims process. Our guide also contains information on how long this process may take and what to do if the place you were in did not have public liability insurance coverage.

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When You Can Claim On Someone’s Public Liability Insurance

As stated above, public liability insurance is a specific type of policy. It is designed to protect a business or individual against the financial risk of being sued for an injury, illness or death of a member of the public on their property.

You could make a public liability insurance claim if you have been injured in an accident in a public place, which was not your fault. To do so, you must be able to prove that the accident was caused by someone else’s negligence. This may be in whole or in part.

You will need to clearly demonstrate that,

  • The owner of a public place had a duty of care towards you. This duty is discussed below.
  • This person has, in some way, breached this duty of care. For example, a gym accident could be caused by poorly maintained gym equipment.
  • You were injured as a result of this. As a result of the above accident, you could suffer a back injury.

An occupier’s duty of care to members of the public is set out in the Occupiers’ Liability Act 1957. Under this, an occupier must take reasonable steps to ensure that a public space is safe for visitors. This may mean they must take steps such as carrying out a risk assessment so that risk can be identified and reduced. It could also include maintaining the space.

The Types Of Injuries You Can Claim For

Public liability accidents could happen in many different types of public space. These could include spaces such as shops, shopping centres, leisure centres, public parks, gyms, restaurants and pubs.

Potential types of public liability accidents may include:

  • Slips, trips or falls. There are myriad ways in which a slip, trip or fall could be someone else’s fault. For example, you could slip on a wet floor after it had been cleaned but no warning signs placed down.
  • Being struck by a falling object. You may be struck by an object falling if shelves have not been correctly stacked or not shelving is not correctly anchored to the wall.
  • Hot liquid accidents. You could suffer a burn or scald if a hot drink or food is spilt on you in a restaurant.
  • Gym and leisure centre accidents. Injuries could happen in a gym if the equipment is not properly maintained or is defective.

These accidents could cause a variety of different types of injuries. These could include the following:

  • Burns and scalds.
  • Broken or fractured bones.
  • Back injuries
  • Shoulder and neck injuries.
  • Head injuries.
  • Ligament damage and torn muscles.
  • Other soft tissue injuries.

To learn more about how to claim against public liability insurance, such as for an accident in a pub, please contact our team.

The Claims Process

We will now look at how to claim against public liability insurance for an accident or injury. Before making a public liability claim, you should obtain any medical help necessary. This may involve visiting your GP or a local A&E department. This both makes sure that you take care of your health and begins to create evidence in support of your claim. You can then follow the claims process outlined below.

Gathering Evidence For Your Public Liability Claim

When making a public liability insurance claim, you need to establish that the party responsible for a public place failed to take reasonable steps to ensure your health and safety and that this failure caused you to be injured.

After getting the necessary medical attention, you may collect evidence to support your claim. This may include:

  • Details of your injury and any medical treatment necessary. This can be found in your medical records, which may be obtained either from the NHS or a private healthcare provider.
  • Photos of the scene of the accident. Try to photograph what caused your accident, such as a broken pavement or a damaged staircase which caused a slip, trip or fall.
  • Contact details for anyone who witnessed your accident. Witness statements can help to corroborate your account of an incident.
  • Accident reports. If you were injured in a business or public space such as a restaurant or shop, they could record the incident in their accident report book. You can request a copy of this record.

Time Limits For Filing Claims

Whether you were injured in a council slip or trip accident, an accident in a supermarket or at a leisure centre, any public liability claims must be made within the relevant time limit. In general, the personal injury claim time limit is taken as three years from the date of the incident or the date you became aware of an injury. This time limit is set by the Limitation Act 1980.

Where the person injured is a child, the time limit does not begin until they are eighteen. Before this date, a suitable adult may claim on their behalf. You may also claim on behalf of someone who lacks the mental capacity to do so. In such instances, the time limit is indefinitely suspended until capacity is recovered, at which the three year time limit starts to run.

In either instance, to claim on behalf of someone else, you must apply to the court to become a litigation friend. This is a responsible adult who will conduct the claim on behalf of the child or the person who lacks capacity.

Contacting The Responsible Party Or Their Insurance Provider

One of the first steps in the public liability claims process is to identify the party who had a duty of care to you and their insurance provider. This could be a local council, business or individual. If this party has a public liability insurance policy in place, they will deal with your claim.

If you choose to work with a solicitor on your case, they will get in contact with this insurance company. The initial notification should outline the details of your accident and injuries.

Choosing A Suitable Solicitor

Choosing the right solicitor is a crucial part of the public liability claims process. Factors you could take into consideration may include whether the solicitor specialises in and has experience handling public liability injury claims as well as their fee structure. Could they offer to handle your case on a No Win No Fee basis?

If you contact us, one of our advisors will evaluate your case. They could then connect you to a specialist solicitor from our panel. We will find the best solicitor from our panel who is best experienced to help you.

No Win No Fee Agreements

If you choose to make a public liability claim with one of our panel of solicitors, they could offer to handle your case on a No Win No Fee basis by using a Conditional Fee Agreement (CFA). By using a CFA there will be no solicitors fees to start a claim. Your solicitor will also not charge for their work whilst working on your case.

If your claim does fail, there will be no fees payable for the solicitor’s work. In the event that your public liability claim is successful, you will need to pay a ‘success fee’ to your solicitor. This fee is deducted from your compensation. It is agreed upon in advance and is a legally restricted percentage of your award. You will keep the majority of the damages.

Please contact our team for further help and advice on how to claim against public liability insurance.

A man has had a gym accident.

How Long Your Claim Might Take

Whilst there is a time limit in which you must begin your public liability claim, there is not a time limit in which it will be completed. How long a claim might take depends on the complexity of the case. Claims which involve more complex injuries or circumstances may take longer to conclude. Similarly, if defendants or insurance companies do not accept liability or refuse to make a suitable offer of settlement, your claim may take longer to conclude.

Contact us for an assessment of your public liability claim.

What To Do If The Place Where You Were Injured Isn’t Covered By Public Liability Insurance

When looking at what insurance small businesses need, public liability insurance coverage is not a legal requirement. This means that whilst it may be recommended that owners and occupiers have such insurance in place, it is not compulsory.

If the owner or occupier did not have insurance cover in place you could still make a public liability compensation claim. In this case, your claim would be made directly against the owner or occupier of the space, and not covered by an insurance provider. Any damages you are awarded will be recovered directly from this party. However, whilst you could make a claim, it may be harder for you to recover any damages. The owner may not have sufficient funds from which to pay compensation. Early investigations about the ability of the other party to pay your damages if you win would be crucial.

When you contact our team they could help to assess your case and whether you could still make a personal injury claim. Use the channels below to get in contact with our team.

  • Chat with us online over our live chat.
  • Contact us using our online form.
  • Phone our advisors on 0800 408 7825 and discuss your public liability claim.

A solicitor explains how to claim on public liability insurance.

More Information

These resources may help if you have been injured in an accident in a public place.

Further resources

Thank you for reading our guide on how to claim against public liability insurance. Whether you are ready to begin your public liability claim or need more information, please call us today.