A Guide To The Public Liability Claim Time Limit
This guide provides an in depth overview of the public liability claim time limit. We explain the limitation period for personal injury claims and provide additional details on a number of different circumstances that could affect this.
Where there has been a fatality, the injured person is a child or lacks the sufficient mental capacity to claim; the law grants extensions to the general public liability claims time limit.
At the end of this guide, you will see a section on how starting your potential personal injury claim with one of our highly experienced solicitors can offer you significant protections with a specific type of No Win No Fee contract.
Our advisors are available 24/7 to answer any questions and provide free advice. As well as expert guidance, our team can assess your eligibility to start a public liability claim at absolutely no cost to you. Talk to the team today using the following contact information:
- Call an advisor on 0800 073 8804.
- You can also get started with your claim online by completing this form.
- Alternatively, use the live chat button in the bottom left of your screen.
Select A Section
- What Is The Public Liability Claim Time Limit?
- How Long Do You Have To Claim For Injuries To Children?
- Can I Claim On Behalf Of Someone With A Reduced Mental Capacity?
- How Long Is The Public Liability Claim Time Limit For Fatal Accidents?
- Can You Claim If The Limitation Period Has Expired?
- How To Start A Public Accident And Injury Claim
What Is The Public Liability Claim Time Limit?
A public liability claim is a type of personal injury claim made against the party, referred to as an occupier, in control of a public place. Occupiers are required to take steps to ensure the reasonable safety of all visitors to their premises as per the Occupiers’ Liability Act 1957. A failure to uphold this duty of care can result in public accidents where a claim could be made.
The Limitation Act 1980 stipulates the time for a number of different types of claims. Per the Act, a public liability claim is subject to a limitation period of 3 years. A failure to begin your public liability compensation claim within this time limit could see your case become time barred. This is when you are unable to make a public liability claim due to the time limit expiring.
However, there are exceptions that can apply in some circumstances. The time limit can vary in cases where the injured person is a child, has a reduced medical capacity or where there has been a fatality. We will examine these in more detail in the sections below.
How Long Do You Have To Claim For Injuries To Children?
Children cannot start a claim in their own right. If a child is injured in a public accident, the public liability claim time limit is frozen until they turn 18. What this means is they will have until their 21st birthday to start a claim.
While the child is a minor, under the age of 18, a suitable adult can apply or be appointed by the Court to act as the child’s Litigation Friend and begin the claim on their behalf. If no claim is made on the child’s behalf by a litigation friend, then when the child turns 18, they will have 3 years to initiate legal proceedings. Learn about making public liability compensation claims on behalf of children by calling the number above and speaking to one of our advisors.
Can I Claim On Behalf Of Someone With A Reduced Mental Capacity?
Similarly to injured persons who are minors, those with a reduced medical capacity, are unable to claim for themselves. In these cases, the public liability claim time limit is paused indefinitely. Should the injured person recover their capacity, such as in cases of non-permanent brain damage, they will be allowed to claim by themselves and be subject to the standard limitation period of 3 years. The time limit will come into effect from the date of recovery.
Once again, a litigation friend could be appointed to begin a public liability injury claim on the injured person’s behalf while they have reduced mental capacity and are unable to pursue the claim themselves. Talk to the team today to learn about being a litigation friend or to find out if their potential claim is valid with a free assessment of their eligibility.
How Long Is The Public Liability Claim Time Limit For Fatal Accidents?
The public liability claim time limit for fatal accidents is still 3 years, although it is applied a little differently. Under the Fatal Accident Act 1976, the dependents of a deceased person can bring forward a claim for the impacts of their loved one’s death. A claim for the deceased’s pain and suffering can only be brought by their estate, as per the Law Reform (Miscellaneous Provisions) Act 1934.
The limitation period is counted either from the date of death, or from the date of knowledge when the cause of death has been determined through an inquest or post mortem.
Can You Claim If The Limitation Period Has Expired?
In most cases, the answer is no. Once the limitation period has elapsed, a claim cannot be brought for the accident. However, the court may allow a claim to proceed if the deadline has passed.
If the limitation period elapsed due to your solicitor’s actions, you could claim compensation for professional negligence, as their actions caused you to lose the opportunity to pursue your claim.
How To Start A Public Accident And Injury Claim
Contact our advisors for a free assessment of your eligibility to start a claim. If the team decides your claim is valid, and you are within the relevant public liability claim time limit, they could put you in contact with one of our highly experienced personal injury solicitors.
Our solicitors can offer their services under a particular type of No Win No Fee contract called a Conditional Fee Agreement or “CFA.” The CFA offers claimants some key protections such as not having to pay any fees upfront or during the claim itself for the solicitor’s work in the majority of cases. There will also be no fee should the claim fail.
In the event of a successful claim, you will receive a personal injury compensation award. A legally capped percentage of this award will be taken as the solicitor’s success fee, meaning you will keep most of any compensation you receive.
For more information on the types of public liability accidents you could potentially claim compensation for, read our public liability claims FAQ guide. You can also put any questions that may have arisen when reading this guide to our advisors.
In addition to offering further guidance, our team can assess your eligibility to start a public liability claim at absolutely no cost to you. Talk to the team today about No Win No Fee public liability claims using the following contact information:
- Call an advisor on 0800 073 8804.
- You can also get started with your claim online by completing this form.
- Alternatively, use the live chat button in the bottom left of your screen.
Further Resources on Public Accident Claims
You can read some more of our guides to public accident claims by following these links:
- Read our guide on how to sue a shop for compensation after an accident on their premises.
- Find out the eligibility criteria for claiming compensation for an accident in a public park and how compensation is calculated in such claims.
- If you slipped on water in a bathroom and suffered injuries, you may be entitled to compensation. Learn more with this guide.
We have also provided these external resources that you may find helpful:
- You can access the NHS guidance on first aid on their website.
- You may be entitled to Statutory Sick Pay following a public accident. Learn more with this government resource.
- The Health and Safety Executive has provided this guidance for preventing slips and trips on business premises.
- Public liability insurance information from Gov.UK
Thank you for reading this guide on the public liability claim time limit. You can get additional free advice, or an assessment of your eligibility to claim by speaking to our advisors. The team are available 24 hours a day using the contact details provided above.
