Accident In A Garden – Can I Claim Compensation?
This is a guide explaining when you may be able to seek compensation for injuries you sustained in an accident in a garden. While in a garden, either as part of your job or as a member of the public, you could be exposed to risks associated with faulty equipment or poorly maintained facilities. If you are injured as an employee or public member, you may be able to make a personal injury claim. However, you need to meet certain requirements to do so. We will explore these in further detail throughout our guide.
Accident in a garden claims guide
This guide will look at the duty of care you’re owed as a member of the public and as an employee. It will also provide examples of how you could be injured in a garden accident if this duty is not upheld.
It will also provide information about evidence that will help demonstrate who was liable for your injuries and the suffering you experienced.
What’s more, we will explore the compensation that could be awarded for a successful personal injury claim and how this is calculated.
Read on for more information about claiming. Additionally, you can speak to our team if you have questions you’d rather ask directly. Find out more:
- Call us at 0800 073 8804
- Complete our ‘contact us’ form
- Speak to an advisor in the window below.
Choose A Section
- Can I Claim For An Accident In A Garden?
- Where Could You Be Injured In An Accident In A Garden?
- What Evidence Do I Need To Claim Compensation?
- Calculating Compensation For An Accident In A Garden
- Why Contact Our Team About Your No Win No Fee Garden Accident Claim?
- Find Out More About Garden Accident Claims
Can I Claim For An Accident In A Garden?
Personal injury claims revolve around an individual’s ability to demonstrate that negligence occurred. This involves:
- A third party owing you a duty of care
- This duty of care being breached
- You experiencing physical or psychological harm as a result.
If you can prove these three points, it may mean you’re eligible to claim for the harm you experienced.
Liability For Workplace Accident Claims
As set out in the Health and Safety at Work etc. Act 1974, employers owe their employees a duty of care. They must take practicable and reasonable steps to prevent injury to those at work and ensure the welfare, safety, and health of employees. This could involve:
- Maintaining work equipment and vehicles
- Providing employees with the required training to perform their duties
- Performing regular risk assessment checks and addressing any concerns they become aware of.
If your employer was notified that certain pieces of garden equipment had not been adequately maintained and you were then injured by these faulty tools, you may be eligible to start an accident at work claim.
Contact our team of advisors if you have questions about determining whether a workplace accident in a garden occurred due to your employer’s negligence.
Liability For Public Accident Claims
You may be eligible to claim against a person or party in control of a public space. This is known as a public liability claim. A piece of legislation called the Occupiers’ Liability Act 1957 establishes that a party controlling a public space must take steps to ensure the reasonable safety of those who use the space for its intended purpose.
To illustrate, someone may have reported a loose paving stone that wasn’t addressed or fixed in a reasonable time frame. As a result, someone may have tripped over and sustained a broken hip.
To learn more about the process of claiming against a negligent third party, contact our team of advisors. They can answer any questions you may have about public liability or workplace claims.
Where Could You Be Injured In An Accident In A Garden?
An accident in a public garden could occur in the following places:
- Restaurant garden
- Bar or pub garden
- Hotel garden
Additionally, you may be injured in a private garden while working as a gardener.
In these instances, you may be eligible to seek garden injury compensation if you can show a third party acted negligently.
If you have specific questions about the process of claiming compensation, contact our team of advisors. They can provide legal advice regarding your potential case.
What Evidence Do I Need To Claim Compensation?
For your accident in a garden claim to succeed, you must be able to demonstrate how a third party acted negligently. This involves gathering evidence about:
- The accident – CCTV footage, photographs of the area and contact details for witnesses can all help demonstrate how the accident occurred. As an employer, you could also request a copy of the accident book entry regarding your accident and a copy of any reports you’ve filed about faulty gardening equipment.
- The injury – Medical records, photographs of your injury, and a symptoms diary can help establish the pain you have experienced.
We’d like to emphasise that a solicitor can help with the process of gathering and collating the evidence required for your claim. They have a great deal of experience handling personal injury claims for public place and workplace accidents. To learn whether they could represent your case, get in touch using the number above.
Calculating Compensation For An Accident In A Garden
The award for personal injury claims can involve up to two heads of claim: one for the suffering caused by your injuries and another for the financial losses that result.
General damages compensation is calculated based upon the suffering you experience because of negligence. So, for instance, a severe head injury that leaves you with permanent cognitive impairment may receive a higher award than a laceration or scarring that is not grossly disfiguring and heals completely.
When calculating general damages, a solicitor can check the Judicial College Guidelines (JCG), a published document that contains compensation brackets for different types of injury.
We’ve included a table below that contains some of these guideline figures. Please remember it is only intended as a guide. The JCG does not fully reflect your individual circumstances.
Compensation Brackets
| Type of Injury | Severity | Compensation Guidelines | Further Notes |
|---|---|---|---|
| Head or Brain Injury | Moderately Severe | £219,070 to £282,010 | Injury causes a serious disability that is either physical or cognitive in nature. As a result, the person requires constant care and is substantially dependent on others. |
| Head or Brain Injury | Moderate (i) | £150,110 to £219,070 | Severe to moderate intellectual deficit, personality change, effect on senses, and other issues are present. |
| Back Injury | Severe (i) | £91,090 to £160,980 | Injuries that cause severe pain and disability with incomplete paralysis and impaired function of the certain organs. Also, involves damage to the nerve roots and spinal cord. |
| Back Injury | Moderate (i) | £27,760 to £38,780 | Residual disabilities are less severe than ones found in other brackets, such as nerve root irritation and reduced mobility due to intervertebral disc damage. |
| Knee Injury | Severe (i) | £69,730 to £96,210 | Serious injury that disrupts the joint, causes osteoarthritis, considerable pain and loss of function, as well as other issues. |
| Knee Injury | Severe (ii) | £52,120 to £69,730 | Leg fracture that extends into the joint and causes a permanent limitation of movement, constant pain, and other issues. |
| Hand Injury | Amputation Of Index, Middle and/or Ring Fingers | £61,910 to £90,750 | Injuries render grip in the hand exceedingly weak. |
| Hand Injury | Serious | £29,000 to £61,910 | Injuries that reduce the overall capacity of the hand to about 50%. |
| Other Arm Injuries | Permanent And Substantial Disability | £39,170 to £59,860 | Serious fractures of one or both arms, with a significant cosmetic or functional permanent disability. |
| Other Arm Injuries | Simple Fractures | £6,610 to £19,200 | Fractures of the forearm that are simple in nature. |
Calculating Special Damages Payouts
In addition, a successful claim may allow you to recoup the financial losses you experienced. The head of claim that compensates for these is known as special damages. It can help you reclaim:
- Loss of earnings
- The cost of medical treatments
- The cost of getting to and from medical appointments
Speak to our team for more information about special damages, as the list above is not comprehensive. Furthermore, an advisor can tell you about the evidence you need to provide in order to be reimbursed.
Why Contact Our Team About Your No Win No Fee Garden Accident Claim?
One of our solicitors may be able to assist you with the process of claiming compensation. They generally offer their services under a specific kind of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
In working with a solicitor under the terms of a CFA, you typically wouldn’t have to pay for their services if your claim fails. Instead, they take a success fee at the end of the claim, if it succeeds. This fee is capped legislatively, so you won’t be overcharged.
Contact Us
Get in touch if you had an accident in a garden and would like to know more about the process of claiming for your injuries. Our friendly advisors can give you legal advice about the merits of your potential claim. Furthermore, they may be able to put you in contact with one of our solicitors. However, there is no obligation to continue using our services, so find out more today:
- Call us at 0800 073 8804
- Complete our ‘Contact Us’ form
- Speak to an advisor via the chat window below
Find Out More About Garden Accident Claims
Related guides:
- What Are Special Damages In Personal Injury Claims?
- Can I Claim For Medical Costs In A Personal Injury Claim?
- How Are Success Fees In Personal Injury Claims Calculated?
- Get information on how to claim for an allergic reaction to waxing with our informative guide.
Further resources:
- Request CCTV Footage – UK Government
- Vision And Mission – Royal Society for the Prevention of Accidents (RoSPA)
- When To Use 111 – NHS
Thank you for reading this guide about your eligibility to claim for an accident in a garden. If you have further questions on this topic, speak to one of our advisors using the options mentioned above.
Written by Finley
Edited by Mitchell
