Learn How To Make Claims Against Public Liability Insurance

By Richie Billings. Last Updated 19th March 2024. Public liability insurance is used by companies to protect themselves against any claim against them such as personal injury claims or damage to property. This guide will explain the process of pursuing public liability claims against an insurance policy, with the help of a solicitor.

Public liability is the duty of care which any land or business owner or occupier of a public place has to protect the safety of anyone using their property or land.  If they breach the duty of care, and that causes a victim to be injured, then they could make a compensation claim.

If you would like to discuss this with us, you can contact us here.

You can also call us for free by dialling 0800 408 7825

However, if you’d like to know more about what’s covered under public liability insurance then please carry on reading.

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What Are The Eligibility Requirements For Claims Against Public Liability Insurance?

If you’ve suffered a personal injury in a public place, you might be wondering if you could make a claim through the venue’s public liability insurance.  Having this insurance isn’t required by law, so not all venues will be covered, but most will. 

In order to form the basis of a valid public liability claim, you will need to be able to prove that negligence occurred. For the purposes of a personal injury claim, negligence occurs when:

  • You are owed a duty of care.
  • This duty is breached.
  • As a result, you are injured.

When you’re in a public place, the occupier or controller of the space owes you a duty of care. This is outlined in the Occupiers’ Liability Act 1957 (OLA), which states that they must ensure the reasonable safety of visitors to that public space.

If you can prove that negligence occurred in a public place and want to make a claim, get in touch with our team. They can evaluate your claim for free, and may be able to connect you with a solicitor from our panel.

Examples Of Public Liability Claims

There are many ways that an accident could happen in a public place. However, not every accident will become a successful or valid claim. 

Some examples of public accidents that could result in a claim include:

  • Slipping in a gym: Spillages should be signposted and cleared up in a timely manner. If this doesn’t happen and you slip on an unmarked spillage as a result, this could lead to fractured and broken bones. 
  • Tripping on the pavement: In most cases, the local council or authority is responsible for local pavements. If a paving defect had been reported to them but they did not act on it within a timely manner, and you tripped as a result, this could cause you to dislocate your knee. 
  • Falling down stairs: If you were walking down the stairs in a department store and fell because the handrail was broken, this could cause you to suffer a severe head injury. 

If your injuries aren’t reflected in the examples above, you may still be able to claim; contact our team of advisors today to find out if you could be entitled to compensation, or read on to learn more about public liability claims and examples.

Compensation Payouts For Public Liability Claims

It can be difficult to provide an estimate for public liability claims as every claim is different. One of the potential heads of claim is general damages. This compensation figure assesses factors like the seriousness of the injury and how badly it has impacted your everyday life. The Judicial College Guidelines can give you a greater impression of what you could receive for this.

The Judicial College has analysed successful personal injury claim amounts from England and Wales. They use previous public liability insurance claims examples to create guideline compensation brackets. The latest guidelines, published in 2022, have provided these figures. However, please remember, as every claim is unique, these figures are not guaranteed. The top entry has not been taken from the JCG, however.

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Injury Notes Amount
Serious Multiple Injuries With Special Damages Multiple injuries, both physical and mental, that are serious plus special damages such as care costs. Up to £1,000,000+
Back Injury – Severe (iii) Disc fractures or lesions that lead to chronic conditions and result in severe discomfort and pain. £38,780 to £69,730
Arm injury A permanent cosmetic or functional disability due to serious fractures in one of both forearms. £39,170 to £59,860
Elbow Injury A severely disabling elbow injury. £39,170 to £54,830
Shoulder injury – Severe Usually associated with neck injuries with the brachial plexus suffering damage which causes a serious disability. £19,200 to £48,030
Leg injury – (iv) Moderate Multiple or complicated fractures in a singular leg. Various factors such as extent of treatment will impact how much is awarded. £27,760 to £39,200
Wrist injury An injury that results is a significant and permanent disability, but some useful movement still remains in the wrist. £24,500 to £39,170
Ankle injury – Moderate Ligamentous tears and fractures that make it difficult to stand/walk for a long time with awkwardness on stairs. £13,740 to £26,590
Foot injury – Modest Puncture wounds, ruptured ligaments and simple metatarsal fractures that cause pain, aching and a permanent limp. Up to £13,740
Fracture of Index Finger The fracture may have mended quickly, but the grip is still impaired. £9,110 to £12,240

If you would like some insurance claim advice or want to see if you can claim compensation, please contact us for free using the above details.

Special Damages

You might also be eligible for special damages, which covers the financial losts caused by your injuries, such as:

  • Care Costs:  It’s sometimes possible to claim back the cost of any professional care which is required because of the claimant’s injuries.
  • Medical Costs: Although we receive free treatment from the NHS for our injuries, the cost of prescriptions, over the counter medicines and other treatments can soon add up.  These costs can be claimed back as part of a claim in some cases.
  • Travel Costs:  Following an accident there may be many trips required to a doctor, physio or for medical assessments.  Costs for fuel or making alternative travel arrangements might be able to be included in a claim.
  • Damaged Property:  You might be able to claim the cost replacing any item of personal property that was damaged in an accident.
  • Lost income:  A large part of claims against public liability insurance might be for lost income.  In some cases, if you lose any salary because you need to visit a doctor in work time, you could claim the loss back.  If your injuries are long-term and you require a long time off of work to recover, you could claim for future lost income too.

Any claim would need to be proven to be linked to your accident.  You should try to provide evidence such as receipts or bank statements and explain why you needed to claim for the expenses.  If you’re unsure, speak with a personal injury lawyer prior to committing to expensive items.

Evidence Required For Personal Injury Claims Against Public Liability Insurance

Collecting a sufficient amount of evidence could help support you with your public liability claim. Evidence could help you prove who was responsible for the accident as well as the severity of your injuries.

Examples of evidence that could be used to help support public liability claims include:

  • A copy of your medical records – this could help prove the extent and nature of your injuries and any treatment you have subsequently required.
  • Any CCTV footage, videos or photographs of the accident.
  • The contact details of any eyewitnesses, so that a statement can be collected from them later.
  • Any evidence of financial harm you have sustained, i.e. a payslip might be used to prove a loss of earnings

Get in touch with our advisors if you are still wondering, ‘What is a public liability claim?’ or to receive free advice for your particular case. They may also connect you with a solicitor from our panel who could help you with gathering evidence for your claim.

A solicitor talks with a client about claiming against public liability insurance

How To Start A No Win No Fee Claim Against Public Liability Insurance For An Injury

If you have grounds to make a public liability claim, then we recommend working with a solicitor who can help with your case. You are welcome to speak to our advisors about your claim, and if they see you have a valid case, they could connect you with a No Win No Fee lawyer from our panel.

Our panel of No Win No Fee lawyers can support public liability claims under a Conditional Fee Agreement (CFA). Under this kind of agreement, you won’t need to pay any upfront or ongoing fees to your solicitor for their services. It also won’t be required for you to pay your solicitor if your public liability claim fails.

If your claim succeeds, then your solicitor will receive a legally capped percentage of your compensation as their success fee.

To learn more about how our panel of No Win No Fee lawyers can support public liability claims, including your own potential case, you can contact our advisors for free. To reach them, you can:

Learn More About Public Liability Claims

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