Key Services In Public Liability Claims
If you’ve been injured in a public place because someone failed to keep it safe, you could be entitled to make a public liability claim. This type of personal injury claim arises when a business, local authority, or other organisation breaches its duty of care, resulting in avoidable harm.
Common examples include slips, trips and falls on unsafe flooring, poorly maintained pavements, or wet supermarket aisles. A successful claim can help you recover compensation for your pain and suffering, as well as medical expenses, rehabilitation costs, and lost earnings.
Usually, you have three years from the date of the accident to start your claim, though certain exceptions may apply.
At Legal Expert, our solicitors specialise in public liability claims. We can assess your situation for free, explain your rights clearly, and help you pursue fair compensation on a No Win No Fee basis. Contact us today to find out if you could make a public liability claim.
4.8 (466 reviews) Key Takeaways For Public Liability Claims
- The organisation or person (occupier) responsible for areas open to the public must take reasonable steps to keep people safe while using their premises and facilities.
- If they fail to meet this duty of care, you may be able to claim compensation from the occupier for physical, psychological, and financial harm.
- Public liability insurance is usually in place for those offering a space or services to the public, and claims are made against this insurance.
- There is typically a three-year time limit to start a public liability claim from the date of the accident and injury, though some exceptions can apply.
- You can handle a claim yourself, but many people find it easier with the insights and support of a No Win No Fee solicitor.
Speak to Legal Expert today for clear guidance and No Win No Fee support.
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Can I Make A Claim For An Accident In A Public Place?
In order to have a strong case to claim compensation for a public place accident, you will need to prove that you meet the personal injury claims criteria. You will need to prove that:
- You were owed a duty of care by the party responsible for the space when injured.
- They failed to meet this duty of care.
- As a direct consequence, you suffered harm.
All three criteria need to apply to have an eligible claim for third-party negligence. If you’d like to discuss the criteria for public liability claims in more depth, please carry on reading or you can connect with advisors for free, impartial and no-obligation help.
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Compensation Payouts In Public Liability Claims
If you are awarded compensation in your public liability claim, it can be made up of two parts (or heads of loss) called general and special damages.
General damages reimburse the claimant for the physical pain they endured. As well as any psychological harm caused to them in the accident. A negative impact on their quality of life in general, as well as any permanent injury can also be applied a monetary value.
Those responsible for assessing general damages might use medical reports to learn about the severity of the injuries as well as the overall prognosis. They may then consult with publications that offer award guidance like the Judicial College Guidelines (JCG). We have put together an example of entries from this publication below to give you an idea. Please note they are strictly guideline amounts and the first amount is not from the JCG:
| Injury | Severity | Compensation |
|---|---|---|
| Cases of more than one serious injury and Special Damages award. | Serious | Up to £1 million plus. |
| Head/Brain | (a) Very Severe | £344,150 up to £493,000 |
| Neck | (a) Severe (i) | In region of £181,020 |
| Chest | (b) Serious | £80,240 up to £122,850 |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | £73,050 up to £122,850 |
| Severe Leg | (ii) Very Serious | £66,920 up to £109,290 |
| Back | (a) Severe (iii) | £47,320 up to £85,100 |
| Pelvis/Hips | (b) Moderate (i) | £32,450 up to £47,810 |
| Foot | (e) Serious | £30,500 up to £47,840 |
| Hand | (f) Severe Finger Fracture | Up to £44,840 |
Importantly, all personal injury claims have factors that set them apart. Therefore, to obtain a more accurate estimate of compensation owed to you, call our team to learn more about how our solicitors calculate general damages.
In addition to these amounts, you could qualify to claim special damages. Under this head of loss, the person can claim back the financial costs of dealing with injury. Evidence will always be required such as:
- Proof of any loss of earnings caused by the injury, such as your wage slips.
- Medical costs for private care.
- Receipts for travel to appointments.
- Proof of costs paid to anyone who looked after you, including invoices from carers, for childcare or a cleaner.
Speak to our team about assembling evidence for special damages. It could significantly boost the compensation you might receive.
Can I Claim On A No Win No Fee Basis?
If your claim is eligible, one of our solicitors can provide their services under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). These contracts offer a host of benefits to the person seeking personal injury compensation, such as:
- No immediate solicitors’ legal fees need to be paid.
- As the claim develops, our solicitors require no fees for work carried out.
- If the claim fails, our solicitors ask for no fees for completed services.
- If the claim is successful, a limited percentage is taken from the compensation awarded as a success fee.
- To ensure the person claiming benefits the most from the outcome, this success fee amount is restricted by law to keep it low.
By using a CFA, you could access outstanding legal representation for your public liability claim with no fees until the outcome of the claim is known. If you’re interested in seeing whether our solicitors could help you, you can:
4.8 (466 reviews) Frequently Asked Questions (FAQ)
Below, you can find answers to some frequently asked questions on public liability claims:
Who Pays Compensation In Public Liability Claims?
Anyone who operates a space accessible to the general public also needs to carry public liability insurance. This is typically up to the value of £1 million and is intended to compensate anyone who may be injured on the premises or while lawfully using their services. However, this can increase to up to £5 million, depending on the nature of the business.
Can I Claim For An Accident In A Private Property?
You could have grounds to launch a claim after a no-fault injury on private premises if you still meet the three criteria we discussed above. Some of the places we looked at in our list can be privately run or require membership to access. However, as such, they are still ‘open’ to certain members of the public and health and safety obligations apply.
If you’re not sure whether the area you were injured counts as a public space, speak to our team for guidance.
What Counts As A Public Place?
The exact definition of “public place” stated in Section 9 of The Public Order Act 1936 describes a public place as any highway or premises that the public has (or is permitted to have) access to, whether by way of payment or otherwise. This can therefore include:
- Streets, roads and highways.
- Parks, benches and open spaces (or ‘open access land’).
- Leisure centres, pools or running tracks, both council-run and those operated by a private business.
- Bus and train stations.
- Government buildings open to the public (such as libraries).
- Pubs, bars and restaurants.
- Shops, shopping centres and supermarkets.
What Evidence Do I Need?
If you were injured in a public place and want to receive a compensation payout for your suffering, you must obtain evidence to support your claim.
Establishing third party liability is one of the most important stages of the public liability claims process. The more evidence you are able to provide, the more likely your claim will be successful.
The list below provides examples of evidence that may support your public injury claim:
- Copies of your medical reports that state your injuries and treatment
- Photographs of your injuries and the scene of the accident
- Dash cam or CCTV footage of your accident
- A copy of the accident report book the incident was reported in
- The contact details of anyone who witnessed your accident
- Copies of correspondence with the third party, such as emails
- A copy of the police report if they were called to the scene
- The measurements of defects that caused your injuries taken with a ruler or tape measure. For example, if you tripped over defective pavement.
Is There A Time Limit For Claiming Compensation?
A time limit of three years applies for public liability claims as detailed by the Limitation Act 1980. There are circumstances under which this may alter:
- Minors cannot begin a public liability claim themselves until they reach the age of 18. The three-year time frame to claim commences from this birthday.
- The time limit is suspended for those who lack the required mental capacity to claim independently. The three-year time limit can commence from any date that the person regains sufficient mental capacity.
Both of these groups have the option for a claim to commence immediately if the courts allocate a litigation friend. This is usually a parent or concerned party who can perform all the tasks of the public liability claim for them.
What Law Governs Public Liability Claims In The UK?
Public liability for accidents in public spaces is governed by the Occupiers’ Liability Act 1957, which sets out a common duty of care requiring those who control premises to keep lawful visitors reasonably safe. In some cases, particularly pavement or road defects, the Highways Act 1980 applies, placing a duty on highway authorities to maintain safe conditions. Councils can rely on the Section 58 defence if they can show reasonable care was taken through regular inspections and timely repairs.
How Do Council Pavement Claims Differ From Claims Against Shops Or Venues?
When an accident occurs on a public pavement, it’s typically brought against the local council under the Highways Act 1980. Councils can defend the case if they prove they had an appropriate inspection and maintenance system in place. By contrast, accidents in shops, gyms or restaurants are handled under the Occupiers’ Liability Act 1957, which places responsibility on the occupier or business owner to ensure the safety of visitors.
What Is The Section 58 Defence And Why Does It Matter?
Section 58 of the Highways Act 1980 allows a highway authority to defend a claim by showing that it took all reasonable steps to make the area safe. If inspection schedules, maintenance logs, and repair records demonstrate that the authority acted responsibly, compensation may be denied. However, if gaps in inspection or delayed repairs are proven, the defence can fail.
What If The Accident Happened In A Private Place Open To The Public?
If an accident occurs in a private location that allows public access, such as a gym, members’ club, or privately managed car park, the Occupiers’ Liability Act 1957 still applies. The occupier must take reasonable steps to keep visitors safe. If this duty is breached and you’re injured, you may still be eligible to claim compensation.
Who Is The Correct Defendant - Landlord, Tenant, Or Contractor?
Liability depends on who had control over the area where the accident happened. In some cases, a landlord, tenant, or maintenance contractor may each bear some responsibility. Examining tenancy agreements and maintenance records can help determine who owed the duty of care and who should respond to the claim.
How Do I Request Highway Inspection Records Or CCTV Footage?
We can obtain relevant inspection and maintenance logs from the local council as part of the legal disclosure process or through a Freedom of Information request. For CCTV, make a written request directly to the business or property owner as soon as possible, since footage is often deleted after a short retention period.
What Happens If The Occupier Is Uninsured Or Dissolved?
If the business responsible for your injury is uninsured or has since closed, it may still be possible to make a claim. Your solicitor can trace any existing insurer using policy records or pursue a claim against another responsible party, such as a landlord or managing agent. The key is identifying who had control of the space and a duty to ensure safety.