If you have been injured in an accident in a public place, you could be eligible to claim compensation. In this guide we look at when and how public liability claims could be made.
We begin by looking at what such claims are and the types of accidents they could involve. Our guide then explores who such claims could be made against. As you may wonder how compensation may be calculated, this guide includes an explanation of this. Then we cover the evidence you may need to claim, what time limits may apply and how long a claim could take. Finally, we look at how to claim with a No Win No Fee solicitor.
If you have been injured by an accident in a public place, please contact us by:
- Calling now on 0800 408 7825.
- Complete our enquiry form by clicking ‘contact us’.
- Use the live support on this page.
Browse Our Guide
- What Are Public Liability Claims?
- What Types Of Public Liability Accidents Could I Claim For?
- Who Do I Make A Public Liability Accident Claim Against?
- How Is Public Liability Compensation Calculated?
- What Do I Need To Make A Public Liability Claim?
- What Is The Time Limit For Public Liability Claims?
- How Long Do Public Liability Claims Take?
- Claim Public Liability Compensation Using A No Win No Fee Solicitor
- Learn More About How To Make Personal Injury Claims
What Are Public Liability Claims?
Public liability claims are a type of compensation claim. They may be made for accidents which have happened in a public place. Typically, they will be made against the organisation, business or person who controls a public space.
Under the Occupiers’ Liability Act 1957, those visiting public spaces are owed a duty of care by the occupier of such a space.
In line with this legislation, the party in control of a public space must take reasonable steps to ensure visitors safety. Failing to do so may be considered negligent.
To make a public liability injury claim, you need to demonstrate that,
- The occupier of a public place had a duty of care to you.
- They were in breach of this duty of care.
- This caused you harm.
Please get in contact with our team to find out how a No Win No Fee solicitor could help you.
What Types Of Public Liability Accidents Could I Claim For?
As we have explored above, when you are in a public space, the occupier has a duty of care to ensure your safety. You may be able to claim compensation for your injuries if they have breached this duty. There are numerous ways in which public liability accidents could happen. Below, we look at examples of these.
- A trip or fall could occur in a public park due to a broken pavement. This may cause you to experience a twisted or broken ankle. If the local authority was aware of the defect and had not repaired it, you could be able to make a claim.
- A leisure centre or gym accident could be caused by either faulty equipment or a lack of proper maintenance. This could lead to you suffering a lacerated hand on a broken machine. The party in control of the gym may have failed to properly inspect and maintain facilities.
- You could trip or fall down a staircase in a shopping centre due to inadequate lighting. This may have prevented you from properly seeing the staircase.
- A slip and fall in a restaurant could happen if a liquid is spilled on the floor and restaurant staff are made aware of the spillage but do not clean it up or place a warning sign.
- Where a car park has failed to grit walkways and surfaces, users could slip and fall on patches of ice.
Accidents in public places could cause a variety of different types of injuries. These may range from a head injury to a broken foot. Please connect with our team to discover more about what types of public liability claims could be made.
Who Do I Make A Public Liability Accident Claim Against?
Organisations and businesses such as local councils or supermarkets will (generally) have public liability insurance policies in place. This is a type of insurance which covers the parties outlined through this guide. Its purpose is to provide cover in the event that someone is harmed due to occupiers negligence. Businesses are not generally legally obliged to hold public liability insurance, but many will do so.
Your compensation claim may be made against business or organisations such as those highlighted above.
Can I Claim If The Place I Was Injured In Doesn’t Have Public Liability Insurance?
Whether or not the defendant has public liability insurance does not impact your legal right to claim compensation. Whilst most businesses may have such a policy, as noted above, this is not a legal requirement.
In instances where the organisation or business does not have public liability insurance, you could be able to make a claim directly against the business/ organisation.
For more information on how to make claims against the council or another organisation, please get in touch with our team.
How Is Public Liability Compensation Calculated?
Successful public liability claims will be awarded compensation. You may be awarded a combination of two types of damages. These are referred to as special damages and general damages. We will explore special damages in the next part of our guide.
General damages refers to compensation awarded for injuries sustained in an accident caused by someone else’s negligence. To calculate this, guidelines from the Judicial College (JCG) may be used. The JCG sets out compensation brackets for different types and severities of injury. .
Below, our table includes examples from the JCG. In the first row we show what you could claim if special damages are also taken into account. This figure has not been taken from the JCG.
| Injury | Severity | Compensation |
|---|---|---|
| Multiple injuries + special damages | Serious and/or severe | Up to £1,000,000+ where special damages are also awarded. |
| Brain Injury | (A) Very severe | £344,150 to £493,000 |
| Back Injury | (A) Severe (i) | £111,150 to £196,450 |
| Neck injury | (A) Severe - i | Around £181,020 |
| Leg injury | (B) Severe - ii - very serious | £66,920 to £109,290 |
| Foot injury | (D) Severe | £51,220 to £85,460 |
| Hand injury | (E) Serious hand injuries | £35,390 to £75,550 |
| Shoulder injury | (A) Severe | £23,430 to £58,610 |
| Arm injury (Other) | (C) Less severe | £23,430 to £47,810 |
| Wrist injury | (C) Less severe | £15,370 to £29,900 |
Can I Claim For Loss of Earnings In A Public Injury Claim?
It is recognised that your accident may not have just caused you an injury, but also have impacted you financially. As such, special damages may be awarded to compensate you for such losses caused by your injury.
One of the largest of these may be compensation for income and earnings lost if you had to take time off work or change duties.
Additionally, special damages may compensate you for:
- The cost of medical treatment.
- Physiotherapy treatment costs.
- Medication, including prescription medication, costs.
- The cost of childcare if you were unable to look after them during your recovery,
- The cost of other care in and about the home.
- Travel costs to attend medical appointments.
Please contact us for a thorough assessment of your potential public liability compensation claim.
What Do I Need To Make A Public Liability Claim?
As we highlighted earlier in our guide, public liability claims may be made against the defendant’s public liability insurance policy. Insurance companies (and the courts if claims progress this far) will require sufficient evidence to be satisfied that the claim is valid.
Evidence which could help you to prove how your accident happened, who was at fault and what injuries you suffered, may include:
- Your (relevant) medical records. You can get a copy of your medical records from the NHS. Your records may contain details of your injury and the impact this has had on your overall health.
- CCTV footage and/ or photographs which either show the accident taking place, the scene of the accident or any visible injuries.
- Any relevant accident reports, such as those made in an accident report book if you had an accident in a pub or similar space.
- The contact details of anyone who witnessed your accident. Your solicitor may later take a witness statement which could corroborate your account of the incident.
In addition, if you intend to claim for loss of earnings or other forms of special damages you must provide evidence which shows these losses. This may include a copy of your bank statements, invoices and wage slips.
Please contact us to find out how a public liability lawyer from our panel could help you.
What Is The Time Limit For Public Liability Claims?
There is a strict time limit, or limitation period, in which to make any type of public liability claim. This is outlined in the Limitation Act 1980. Whilst there may be exceptions to this, the limitation period is three years from when the accident took place.
Exceptions to this standard time limit may be granted when you make a claim on behalf of someone else. Such exceptions may include:
- Where the person harmed was a minor at the time of the accident. In this case, the three year limit does not take effect until they are eighteen.
- Where the person harmed lacks the mental capacity to pursue a claim on their own behalf. In this case, the limit will only be applicable if they regain their capacity.
In either of these instances, a suitable adult may request to act as a litigation friend on behalf of the person harmed.
Please contact a member of our team to check what personal injury claim time limit may apply to your case.
How Long Do Public Liability Claims Take?
As we have explored through this guide, each and every public liability claim is individual to that person. As such, without assessing your individual case, we are unable to say how long it could take to process. However, we can look at factors which may affect how long claims take. These include:
- Whether the defendant accepts or disputes their liability for your accident and injuries.
- Where a defendant accepts liability the claim may progress quickerThe complexity of the accident or your injuries. More complex injuries may take longer to fully assess. It is important to get a full assessment of your injuries to ensure that their impact is fully taken into account.
- The availability of evidence showing the defendant’s liability.
- Whether the case proceeds to court.
A public liability lawyer from our panel could assess your case and help you to make a successful claim. Contact a member of our team to discover more about public liability claims.
Claim Public Liability Compensation Using A No Win No Fee Solicitor
Our panel of specialist personal injury claims solicitors are on hand to help you claim compensation. One of the solicitors who make up our panel could help you to make a public liability claim on a No Win No Fee basis. To do so, your claim may be handled through a Conditional Fee Agreement (CFA).
There are a variety of benefits to claiming under a CFA. These include:
- Not having to pay any upfront solicitors fees.
- Not having any solicitors fees to pay whilst the claim is in progress.
- Nothing to pay for your solicitors services if the claim is not successful.
If your public liability claim is successful, your solicitor will deduct what is called a ‘success fee’ from your compensation. There is a legal cap on the maximum percentage which may be deducted.
Please contact us today for more information on public liability claims.
- Call one of our advisors on 0800 408 7825.
- Click ‘contact us’ and complete our enquiry form.
- Use the live support on this page.
Learn More About How To Make Personal Injury Claims
Here you can find additional information and resources related to personal injury claims.
- In our council slip, trip accidents guide we look at how to make a successful claim.
- Here we provide further information on how to make supermarket accident claims on a No Win No Fee basis.
- If you have been injured in a pothole accident in a public place, find out if you could claim in this guide.
Reference articles.
- If you have to take time off work to recover from your injuries, you may be entitled to statutory sick pay. Read more here.
- Find out where and how to report a problem with a pavement in your area at this government resource.
- Learn more about first aid after an accident in this NHS guide.
If after reading our guide to public liability claims you have any further questions, please contact a member of our team. You can also learn more in our guide to frequently asked questions.
