This guide will discuss when public liability claims could be made for accidents in public places. We will discuss who owed you a duty of care when you are out in public, and when you may be eligible to make a personal injury claim if you have been injured in an accident in a public place.
Additionally, we will provide examples of different accidents that could occur in public places and whether they could lead to a compensation claim. Since you will also need to prove your case, we will provide examples of evidence you could collect to help support you when making a claim for compensation.
We then will discuss the different forms of compensation that could make up your settlement, and how compensation is calculated for successful claims. Furthermore, we will discuss the benefits of making a claim with a personal injury solicitor or lawyer on our panel under the terms of a No Win No Fee agreement.
If you have any questions regarding the personal injury claims process, you can contact a member of our advisory team. As well as answering your questions, they could also offer you free advice for your case. Contact us online today to arrange a callback from one of our friendly team members.
Browse Our Guide:
- When Could Claims Be Made For Accidents In Public Places?
- What Types Of Accidents Can Happen In Public Spaces?
- Accidents In Public Places Claims – Evidence That Could Be Used
- How Much Compensation Can I Get From An Accident In Public Place Claim?
- Make Public Liability Injury Claims On A No Win No Fee Basis
- Learn More About Claiming Public Liability Compensation
When Could Claims Be Made For Accidents In Public Places?
When you are visiting a public space, you are owed a duty of care by the party in control of that space, otherwise known as the occupier. This may be a local authority or someone else.
Under the Occupiers’ Liability Act 1957, the occupier of that space must take steps to ensure the reasonable safety of members of the public who are using that space for its intended purpose. This is their duty of care. Some steps that can be taken include conducting regular risk assessments within their space and facilities, following standard health and safety measures, and responding to reported hazards as promptly as possible.
There are various ways that members of the public could be injured in accidents in public places. However, in order to have a valid personal injury claim, the following requirements will need to be met:
- A duty of care was owed by the occupier.
- The occupier did not abide by their duty of care.
- An injury was suffered due to this duty of care being breached.
What Counts As A Public Place?
A public place is any space that the general public can legally access. Some places that are classed as public places include:
- Parks.
- Gyms and leisure centres.
- Roads and footpaths.
- Museums and libraries.
- Shops and supermarkets.
- Cafes and restaurants.
If you have been injured while visiting any of these public spaces, as previously mentioned, you would need to prove that your injury was caused by the occupier of that space breached their duty of care to be eligible to make a claim.
To check the validity of your public liability claim, you can contact one of our friendly advisors today. They also connect you with one of the personal injury solicitors or lawyers on our panel if they deem you to have a strong case.
What Types Of Accidents Can Happen In Public Spaces?
There are various ways people could be injured in accidents in public spaces. However, to be able to make a personal injury claim, the occupier of that space must have breached their duty of care and caused your injury.
Examples of how accidents in public places could occur and the injuries that could be suffered as a result include:
- Slipping on a spillage in a restaurant that had not been cleaned within a sufficient timeframe or been clearly signposted. This caused you to suffer an ankle injury.
- A bench in a leisure centre had not been regularly maintained. Due to this, the bench broke when you sat on it. This causes you to suffer a hip injury.
- Falling from a height due to leaning on a faulty railing in a shopping centre that had not been repaired or replaced. This could cause you to suffer multiple injuries, such as a serious head injury, broken leg and a shoulder injury.
Contact one of our advisors today if you have any questions regarding public liability accidents and when they could lead to a compensation claim. They could also advise you whether you have a valid claim.
Accidents In Public Places Claims – Evidence That Could Be Used
All public liability claims being made for accidents in public places need to be supported with evidence. This evidence must show how the accident occurred, how the occupier of that space was liable, and the injuries that were suffered.
Examples of evidence you may need for your personal injury claim following your public place accident include:
- Videos of the accident occurring, such as CCTV footage.
- Medical evidence of your injuries and the medical treatment you received for them, such as a copy of your medical records.
- Photographs of your visible injury and the incident location. This can show if a facility or piece of equipment was faulty or if any warning signs were missing.
- Taking contact details from any possible eyewitnesses to the accident. They could give a statement later into the claiming process.
If you contact our advisors today, and we assess that your public liability claim is eligible, you could be connected to a personal injury lawyer on our panel. They can help you collect evidence to support your case.
How Much Compensation Can I Get From An Accident In Public Place Claim?
Following a successful public liability claim, you will receive compensation under the head of claim known as general damages.
General damages compensate for the injuries you have suffered, both physical and psychological, and the suffering and pain they may caused you. How much compensation you could receive under general damages will be influenced by various factors, such as:
- The type of injury suffered.
- The initial severity of the injury.
- Symptoms suffered.
- What the recovery period is.
The Judicial College Guidelines (JCG) can be referred to by those calculating your claim for guidance. This document contains guideline compensation brackets for different injuries at varying levels of severity.
We have provided a table below that contains information extracted from the JCG that may be relevant for claims being made for accidents in public places. However, it is important to note that these figures are not a guarantee and do not represent how much you could receive. This is because each claim is different. It should also be noted that the first entry of this table has not been taken from the JCG.
Injuries Table
| Injury | Severity | Compensation bracket | Comments |
|---|---|---|---|
| Multiple serious injuries and their financial losses and costs | Serious | Up to £1,000,000+ | Numerous serious injuries with their financial losses such as travel expenses, loss of earnings and care costs. |
| Brain Damage | (a) Very severe | £282,010 to £403,990 | The person will need full time nursing care and show little response to their environment that is meaningful. They will also suffer with double incontinence and little to no language function. |
| Leg | (b) Severe (ii) Very Serious | £54,830 to £87,890 | Injuries include multiple fractures that have taken years to heal with permanent mobility problems. Crutches will be needed for the remainder of the injured person's life. |
| (b) Severe (iv) Moderate | £27,760 to £39,200 | Crush injuries that are severe to a single leg or complicated or multiple fractures. | |
| Foot | (d) Severe | £41,970 to £70,030 | Permanent pain caused by fractures in both feet or heels that cause mobility to be substantially restricted. |
| Knee | (a) Severe (ii) | £52,120 to £69,730 | There is limited movement and constant pain to the joint, stemming from an extended leg fracture. |
| (b) Moderate (i) | £14,840 to £26,190 | Minor instability caused by a dislocation, torn cartilage or torn meniscus. | |
| Back | (a) Severe (iii) | £38,780 to £69,730 | Fractures of discs, disc lesions or soft tissue injuries that lead to chronic conditions. |
| Wrist | (a) Complete loss of function | £47,620 to £59,860 | Injuries where arthrodesis was needed, for example, that result in the complete loss of function. |
| Neck | (b) Moderate (i) | £24,990 to £38,490 | Dislocations and fractures that may require spinal fusion and result in immediate symptoms that are severe. |
Public Liability Claims – Examples Of Special Damages
Settlements for successful public liability accident claims may also include special damages. This compensates you for the monetary losses you have suffered due to your injuries, such as:
- Lost wages for time taken off work.
- Travel expenses, e.g. public transport to go to hospital appointments.
- Medical costs, e.g. prescription fees.
- The costs of a carer if you needed one.
You will need to prove these losses in order to claim for them. Examples of evidence you could gather to support your claim for special damages include:
- Receipts.
- Invoices.
- Payslips.
- Bank statements.
To receive a free valuation of your potential public liability compensation claim, you can contact our advisors. They can also answer any questions you may have about personal injury claims for accidents in public places.
Make Public Liability Injury Claims On A No Win No Fee Basis
One of the personal injury lawyers on our panel who has experience working on claims for accidents in public places may be able to help you with yours, provided you have a valid claim. Additionally, they may also offer their services to you through a Conditional Fee Agreement.
With this particular type of No Win No Fee agreement in place, you will not be required to pay your solicitor anything for their services either upfront or while your claim is underway. Furthermore, should the claim not be a success, you will not have to pay them anything for the work they have provided.
However, should they secure compensation for you, they will deduct a success fee from this. The law implements a legal cap for the percentage that this fee can be. This helps to ensure that the majority of your compensation stays with you.
Contact Us
To see whether one of the lawyers on our panel with experience in public liability claims for accidents in public places could help you with your case, you can contact our advisors. As well as offering you free advice, they could help answer any questions you may have about claiming personal injury compensation.
Contact us online today to arrange a callback from one of our friendly advisors.
Learn More About Claiming Public Liability Compensation
You may want to browse our similar guides:
- If you have been injured in an accident in a shop, this guide discusses when you may be eligible to make a compensation claim.
- Read more information about how to prove a personal injury claim to find out what other evidence you may need to support your case.
- Learn more about personal injury claims against the council and whether you may have a valid public liability claim.
You also may also want to read these external pages:
- Guidance on when you should perform first aid from the NHS.
- Find out whether you can receive Statutory Sick Pay (SSP)from Gov.UK.
- Guidance on fall prevention from the Royal Society for the Prevention of Accidents (RoSPA).
To learn more about public liability claims for accidents in public places, you can contact our advisors.