Public toilet injury claims can be made if you suffered long-term health consequences such as concussions, fractures and burn injuries due to an accident that wasn’t your fault. A person may be able to make a public toilet accident claim if their injury resulted from the negligent acts or inactions of a third party, such as failing to post wet floor signs or to repair broken floor tiles.
Whether you were injured whilst working in a public toilet or in a public setting, you could be eligible to claim compensation for the injuries you suffered. Beyond physical symptoms, you may also experience embarrassment, anxiety, and a long-term fear of using public bathrooms. Damage to your mental health, as well as any incurred financial losses, can also be claimed for. Fortunately, our team is here to help you through this challenging time by helping you gather evidence to strengthen your legal position and get the compensation you deserve.
At Legal Expert, we understand that starting a public toilet injury claim can be a daunting prospect. That’s why our team is committed to helping you, whether it be answering your questions, giving helpful advice or providing a free eligibility case check. Following this, you could be connected with one of our expert No Win No Fee solicitors to start your claim. As specialists in personal injury claims, our solicitors have decades of combined experience in securing settlements for people like you.
Get in touch now.
4.8 (466 reviews) What Are Public Toilet Injury Claims?
Public toilet injury claims are personal injury cases made against the liable third party when a person is injured in a public toilet. As such, please see the following examples of accidents and how public toilet injury claims could arise as a result:
- A cleaner at a supermarket could mop the floors of the public toilets, failing to erect a wet floor sign. A member of the public could slip and fall on the water, resulting in broken leg and foot injuries.
- The owner of a fairground could fail to replace faulty toilet seats, despite being told by numerous people. A visitor could cut themselves on the broken seat, causing extensive bleeding, lacerations and a permanent scar.
- The owner of a restaurant could fail to install adequate lighting in the women’s toilets, causing multiple risks to visitors. For instance, a visitor could hit their head from not being able to see where they’re walking, resulting in moderate brain injuries.
- A cafe owner could fail to repair old and broken hand dryers, despite being made aware of their electrical faults. The hand dryer could malfunction whilst being used, resulting in an electric shock to a member of the public. Further to this, they could suffer psychological injuries such as PTSD due to the shock of the incident.
Please note that the above list is not exhaustive, and public toilet accidents could arise in many different scenarios. To discuss your personal experience with one of our friendly advisors, please get in touch with our team today.
Can I Claim After Being Injured In A Public Toilet?
Yes, you could claim after being injured in a public toilet if you can demonstrate that your injuries resulted from a third party’s actions or inactions. Whether you were using a public toilet as a member of the public, or whilst working, there is a legal duty of care that is owed in both scenarios. As such, the occupier or your employer must ensure your reasonable safety while in the public toilets, whether you were visiting a shop, a theme park, or whilst working in an office or a construction company. Therefore, any breach of this duty could result in long-term physical and psychological injuries.
To start a public toilet injury claim, you will need to satisfy the following criteria:
- You Were Owed a Duty of Care
You must be able to demonstrate that a business or organisation owed you a legal duty of care. Owners of public spaces, occupiers and employers are generally responsible for taking reasonable steps to protect your health and safety in public toilet settings.
- That Duty of Care Was Breached
You must have proof that the duty owed by an occupier or your employer was breached. For instance, they may have failed to repair dangerous hot water taps, left strong chemicals on toilet seats or failed to clean floor spills. In these instances, they can be said to have breached this duty.
- You Suffered an Injury or Illness Due To The Breach
You must have suffered a physical injury, psychological injury, or an illness due to the breach in duty of care. This can range from minor injuries to more serious or long-term conditions, including cuts, bruises, lacerations, fractures and brain injuries. For example, you fractured your wrist as a result of there not being a wet floor sign after the cleaner mopped.
What If I Was Partly To Blame For An Accident In A Toilet?
If you were partly to blame for an accident in a toilet, you could still make a claim by forming a split liability agreement with the defendant. Split liability agreements occur when both parties share responsibility for an accident happening, meaning that neither party is entirely at fault.
As such, liability will be apportioned as a percentage based on the level of blame. For instance, if you were 25% responsible for a public toilet accident, your compensation amount would be 75/25, so you would receive 75% of the pay-out.
For instance, you may have been running in a public toilet, failing to notice a wet puddle in the middle of the bathroom floor. Whilst you were partly responsible for the accident by running, the building owner is mainly responsible for the poor maintenance of the area.
Can I Claim If I Was Injured Whilst Working In A Public Toilet?
Yes, you could claim if you were injured whilst working in a public toilet by making an accident at work claim. Under the Health and Safety at Work etc. Act 1974, employers have a duty of care towards all staff members; they must take reasonable steps to ensure their safety and well-being.
Therefore, a failure to adhere to health and safety laws could result in a breach, causing injuries to members of staff. For instance, an employer could fail to provide adequate personal protective equipment such as gloves, whilst you’re cleaning a public toilet. You could then suffer chemical burns from the cleaning products, causing dermatitis.
To discuss starting an accident at work claim today, please contact our friendly team.
Who Is At Fault For Public Toilet Accidents?
Fault for public toilet accidents typically lies with the occupier, owner, or the management company of the premises. As per the Occupiers’ Liability Act 1957, owners of public spaces have a duty of care to all visitors; they must take steps to reasonably prevent visitors from coming to harm whilst using their premises.
In upholding their duty of care, occupiers of public toilets must therefore maintain a safe and clean environment. A failure to do this could result in life-altering physical and mental injuries to members of the public. Examples of negligence may include failing to repair a broken handrail or cracked flooring, and a lack of routine toilet inspections.
If you’ve suffered something similar, you could make a public liability compensation claim.
How Much Public Toilet Injury Compensation Could I Claim?
The amount of public toilet injury compensation that you could claim will depend on the severity of your injuries, the length of your suffering, and the overall impact on your life.
In successful public toilet injury claims, you will be awarded general damages for your physical and mental pain and suffering you endured.
In all, general damages are typically assessed by a solicitor using the Judicial College Guidelines (JCG). This publication is commonly used by legal professionals as it contains compensation guidelines for a vast range of injuries.
All entries in the table below, apart from the first figure, have been taken from the JCG. Please note that they are merely guidelines and do not guarantee how much you could receive.
| Injury | Severity | Compensation Pay-out |
|---|---|---|
| Multiple severe injuries with financial losses | Very serious - with special damages such as physiotherapy costs, property damage and travel expenses | Up to £1,000,000+ |
| Brain Injuries | Very severe - considering the degree of insight and any sensory impairment. | £344,150 to £493,000 |
| Brain injuries | Moderately severe - the award will consider the person's ability to communicate and any risk of epilepsy | £267,340 to £344,150 |
| Brain injuries | Moderate (i) - cases where there is an effect on sight, speech and a little prospect of employment. | £183,190 to £267,340 |
| Neck injuries | Severe (i) - a neck injury with incomplete paraplegia. | In the region of £181,020 |
| Back injuries | Severe (ii) - including an impaired mobility and unsightly scarring. | £90,510 to £107,910 |
| Back injuries | Severe (iii) - cases with soft tissue injuries that lead to chronic conditions with continuing pain. | £47,320 to £85,100 |
| Pelvis & hip injuries | Severe (iii) - cases that may include the fracture of the hip, requiring a replacement which is only partially successful. | £47,810 to £64,070 |
| Foot injuries | Moderate - with a risk of long-term osteoarthritis with future surgery. | £16,770 to £30,500 |
Can Public Toilet Injury Claims Cover Special Damages?
Yes, public toilet injury claims can cover special damages if your case is a success. In essence, special damages will reimburse you for any monetary losses you may have suffered due to your public toilet injuries.
Examples of special damages can encompass the following:
- Loss of earnings, such as a loss in current or future income, loss of a bonus, workplace benefits and overtime pay.
- Medical expenses, including physiotherapy sessions to aid physical injuries, prescription costs for painkillers and private medical consultations.
- Any personal belongings damaged in the accident, such as mobile phones, glasses and items of clothing.
- The cost of bandages and crutches
- Care costs, whether professional or provided by family members, if your public toilet injuries left you unable to perform daily tasks.
- Home modifications, including the cost of ramps, new doors and wet rooms, if your public toilet injuries are severely disabling.
- Costs from travelling to and from medical appointments, whether it be fuel or public transport expenses.
Please note that special damages must be evidenced via:
- Payslips
- Bank statements
- Receipts
- Invoices
To discover more about special damages, please get in touch with our friendly advisory team.
4.8 (466 reviews) What Do I Need To Bring A Claim For A Public Toilet Accident?
To bring a claim for a public toilet accident, you will need to follow several practical steps to secure your legal position and strengthen your evidence. For instance, you should:
- Get treatment. Whether it be visiting A&E, a walk-in clinic or your GP, you should seek immediate treatment for your injuries. Not only will this help your recovery, but it will also create official medical records of the public toilet injuries you suffered.
- Collect evidence. Where appropriate, you should try to document what led to your public toilet injuries. Evidence you could provide can include CCTV footage, your medical records, witness contact details and photographs of any visible dangers in the public toilet.
- Report the accident. To create an official record of the public toilet accident, you should report the incident to the owner or occupier. If they have an accident log book, it’s essential that it is also reported in this.
- Track how your injury affects you. By keeping a daily symptoms diary, you should record your pain levels, the extent of your suffering, any treatment you received and any financial losses resulting from your public toilet injuries.
- Seek legal advice. By speaking with a personal injury solicitor, you could receive a free toilet accident compensation estimation and an eligibility assessment. There is no obligation as most offer free consultations.
If you’re put through to one of our expert solicitors, they could help to gather evidence on your behalf. For a free eligibility assessment or to learn more about public toilet injury claims, feel free to contact our advisors today.
Is There A Public Toilet Injury Claim Time Limit?
Yes, there is a 3-year public toilet injury claim time limit as per the Limitation Act 1980. Moreover, the 3-year time limit will run from the date of the accident. However, in some cases, the time limit will be paused or suspended.
To learn more about time limits, please see our dedicated guide on what is the personal injury claim limitation period.
Please get in touch today to find out more about time limits and see if you are still within in the limitation period to start your public toilet accident claim.
How Can Legal Expert’s Solicitors Help My Public Toilet Injury Claim?
Legal Expert’s solicitors can help your public toilet injury claim through their level of expertise in personal injury claims. With decades of experience, our solicitors can work to maximise the compensation that you receive, ensuring it covers all of the damages that you suffered. Through our personal and tailored services, you could enjoy the following benefits with our specialist solicitors:
- Providing knowledgeable assistance with evidence gathering, ensuring details such as a lack of toilet maintenance and cleaning do not get overlooked.
- Consistent updates so you’re never left wondering where your public toilet injury claim stands.
- Explanations of terminologies and jargon to give you a full understanding of the legal process
- Assisting you in applying for interim payments
- Putting you in contact with specialists to aid your public toilet injuries, such as physiotherapists and counsellors.
For more information about our friendly solicitors, please don’t hesitate to contact our team.
Can I Make A Public Toilet Injury Compensation Claim On A No Win No Fee Basis?
Yes, you could make a public toilet injury compensation claim on a No Win No Fee basis if you’re connected with one of our solicitors. Working under a Conditional Fee Agreement (CFA), you could experience:
- No solicitor service fees at the start of your claim, as it progresses, or in the event that it’s unsuccessful.
- If your claim is a success, you will pay a success fee to your solicitor. Moreover, the success fee is capped by law, and will be deducted from your compensation.
Contact Our Solicitors To Make A Claim
To discover more about the public toilet injury claims process, please feel free to contact our friendly team:
- Contact us by completing our online form
- Give us a call on 0800 073 8804
- Ask about claiming for injuries sustained in a public toilet in our live chat.
Learn More
For more information about personal injury claims, please refer to some of our other guides:
- Get help with public park accident claims
- Learn how to make a swimming pool accident claim
- See the following advice on tendon injury claims
Additional external resources:
- Learn about preventing slips and trips from the Health and Safety Executive
- Get help with treating fall injuries from the NHS
- See the advice about applying for CCTV footage of yourself from Gov.UK
Thank you for reading our helpful guide about public toilet injury claims.
