What Is A Public Liability Claim?

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What Is A Public Liability Claim?

In this guide, we will explain what a public liability claim is and when you could potentially be eligible to receive compensation. This guide explores the criteria in place for compensation claims and the legislation that supports these criteria, as well as how evidence can strengthen and support your case.

Public liability claim

Public liability claim guide

Following this, we will discuss how legal professionals such as judges and solicitors value certain areas of your claim, and offer examples of guideline compensation brackets that legal professionals could refer to when valuing your claim. We will also discuss how the help of a solicitor could benefit you throughout the claims process.

If you have more questions, contact one of our advisors. They can offer free legal advice and a free evaluation of your claim and eligibility They might also be able to connect you with a lawyer to work on your case. To get started:

Select A Section

  1. What Is Public Liability?
  2. Could I Make A Public Liability Claim?
  3. The Evidence Needed To Prove A Personal Injury Claim
  4. Compensation Payouts In Public Injury Claims
  5. Make A Public Liability Claim On A No Win No Fee Basis
  6. Learn More About Personal Injury Claims

What Is Public Liability?

Public liability is an area of law that covers personal injuries sustained due to the negligence of someone in control of a public area. For example, if you have an accident in a gym because the party in control of the space breached the duty of care they owed, you may be able to make a public liability claim.

The same can apply to outdoor spaces such as caravan parks or campsites, and public parks. Businesses and venues may take out public liability insurance. This means that if your claim succeeds, your compensation will come from their insurance provider and not directly from the controller of the space themselves.

We will explain more about the criteria for making a public liability claim in the following section. Or, to start your claim, get in touch with our team of advisors. They can offer free legal advice and can evaluate the eligibility of your claim.

Could I Make A Public Liability Claim?

In order to make a public liability claim, you must be able to prove that your injuries were caused by negligence. This means that:

  • You were owed a duty of care
  • This duty was breached
  • Because of this, you were injured

The Occupiers’ Liability Act 1957 states that all visitors of spaces that the public can access are owed a duty of care by the controller of the space. This means that the controller must take steps to ensure the reasonable safety of visitors while they are there. If they fail to do so, and you are injured, this is negligence.

It’s also important to ensure that your claim is started within the time limit. Under the Limitation Act 1980, this is usually three years from the date of the accident. However, there are some exceptions to the time limit. Our advisors can offer more information on these exceptions when you get in touch.

Examples Of Public Liability Claims

When you are in a public space, you are owed a duty of care by the controller of that space. Should they breach this, and you suffer an injury as a result, you might be eligible to make a public injury claim.

Examples of accidents that could occur in a public space include:

  • A slip, trip and fall could occur, which can result in a sprained ankle. This could occur in a supermarket if liquid is spilt on the floor and the supermarket does not have an adequate policy in place to deal with the risk.
  • A restaurant may not have adequate allergen information displayed, which could result in an allergic reaction.
  • Faulty gym equipment could result in a crush injury. The person in control of the gym may fail to check the equipment for faults resulting in its continued use.

If you have any questions about public liability claims, please contact an advisor from our team.

The Evidence Needed To Prove A Personal Injury Claim

There are various aspects of your public liability claim that you may need to prove. For example, it’s important that you can prove your injuries were caused by negligence. As such, it can be helpful to gather evidence to support your claim, such as:

  • CCTV footage: Many businesses and public places have CCTV systems installed. You may be able to request footage of your accident or the circumstances that led up to it in order to support a claim for negligence.
  • Witness contact details: The contact details of potential witnesses can help as they ensure that statements can be taken by a professional at a later date.
  • Photographs: Photographs of the accident site or of your injuries can also be helpful in supporting your case.
  • Medical records: Medical records can be helpful in proving the extent of your injuries, the treatment you will need and how this may affect your life.

A solicitor may be able to help you in collecting this evidence. They can also help you ensure that all areas of your claim are covered. To find out if one of our solicitors could help you, get in touch with our team today.

Compensation Payouts In Public Injury Claims

Compensation payouts in public injury claims can vary from case to case because each claim has its own individual circumstances. If your claim succeeds, you could receive up to two heads of compensation: general damages and special damages.

General damages cover the pain and suffering you go through because of your injuries. When calculating awards for this head of claim, solicitors and other legal professionals can refer to the Judicial College Guidelines (JCG). This document provides settlement guidelines for a number of illnesses and injuries, some examples of which you can find below.

JCG Figures

Edit
Injury Compensation Bracket Notes
Moderately Severe Brain Injury (b) £219,070 to £282,010 There is a substantial dependence on others in this bracket, as the injured person will be very seriously disabled by their injury. This disability can be physical or cognitive.
Less Severe Brain injury (d) £15,320 to £43,060 In these cases, there will be a good recovery, and the person will be able to return to a normal social life and return to work.
Chest Injuries (b) £65,740 to £100,670 Traumatic lung, chest, or heart injuries that cause permanent damage and reduce life expectancy.
Kidney Injuries (c) £30,770 to £44,880 This bracket includes injuries that lead to loss of one kidney, though there is no damage to the other.
Moderate Neck Injuries (b) (i) £24,990 to £38,490 Dislocations or fractures that lead to spinal fusion and result in severe, immediate symptoms.
Bowel Injuries (e) £12,590 to £24,480 There is an eventual return to natural control and function after a penetrating injury caused some permanent damage.
Serious Shoulder Injuries (b) £12,770 to £19,200 This bracket covers injuries such as damage to the lower area of the brachial plexus caused by dislocation of the shoulder and resulting in pain in the neck and shoulder.
Shoulder Injuries (e) £5,150 to £12,240 Clavicle fractures with consideration given to the extent of the fracture and any residual disability.
Minor Back Injuries (c) (i) £7,890 to £12,510 A recovery to nuisance level or a full recovery occurs without surgery within two – five years.
Less Serious Leg Injuries (c) (iii) Up to £11,840 Soft tissue injuries or fractures to the fibula or tibia.

Can I Claim For Financial Losses?

Any financial losses caused by your injuries could be claimed back under special damages. This head of claim allows you to be reimbursed for costs and losses such as:

  • Loss of earnings
  • Home adjustments
  • Care costs
  • Medical bills
  • Prescription costs
  • Mobility aids

It’s important to provide evidence of these losses if you wish to claim for them. Because of this, retaining any invoices, bills, or receipts that are related to your injuries can be beneficial. To learn more about what you could receive if you make a successful public liability claim, get in touch with our team today.

Make A Public Liability Claim On A No Win No Fee Basis

One of our personal injury solicitors with experience in public liability claims could offer their legal services to you on a No Win No Fee basis. In particular, they might offer a Conditional Fee Agreement (CFA). With a CFA, you usually do not need to pay any upfront fees to your solicitor, nor do they ask for any ongoing fees as your claim progresses.

Usually, the only fee you have to pay under a CFA is a success fee, and this is only if your claim succeeds. This fee is taken directly from your compensation, though the amount has a legislative cap to help ensure that you keep the majority of your award.

Contact A Public Liability Injury Claim Specialist

Get in touch with our team today to find out if one of our solicitors could help you make your claim. An advisor from our team could give you free legal advice and evaluate your claim through a free consultation.

If they consider your claim to be valid, they may then connect you to one of our solicitors. To get started:

Learn More About Personal Injury Claims

For more helpful articles on personal injury claims, we recommend:

Or, for further resources:

Get in touch with our team today to see if you could start a public liability claim.

Written by Hampton

Edited by Stocks

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    Meet The Team

    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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