Who Could Make A Public Liability Claim After An Accident In A Garden?

An Accident In A Garden

An Accident In A Garden Claims Guide

This guide will explain who could bring forward a public liability claim following an accident in a garden. In public places, the party responsible for the space owes you a duty of care to ensure your reasonable safety. We will outline this duty of care in this guide and explain the potential consequences of it being breached. 

Furthermore, we will explain the eligibility criteria that must be met for you to bring forward a personal injury claim following an accident in a public place and discuss the time limits your case must begin within. In addition to this, we will touch on the evidence that you could obtain to support your potential claim. 

Finally, we will describe how legal professionals may calculate personal injury compensation and when the use of a solicitor may benefit you and your claim. What’s more, we will look at the implications of entering into a No Win No Fee agreement. Continue reading to learn more.

You can also contact our team of advisors at Public Interest Lawyers for free advice and guidance. They are on hand 24 hours a day, 7 days a week, to help at a time that best suits you. This advice will not come with any obligations to further your claim with our panel of solicitors.     

Therefore, if you have any questions, you can: 

Select A Section

  1. Who Could Make A Public Liability Claim After An Accident In A Garden?
  2. Where Could An Accident In A Garden Occur?
  3. Evidence Supporting Your Public Liability Claim For An Accident In A Garden
  4. Estimating Payouts For An Accident In A Garden
  5. Why Contact Public Interest Lawyers About Your No Win No Fee Claim?
  6. Learn More About Claiming For An Accident In A Garden

Who Could Make A Public Liability Claim After An Accident In A Garden? 

You could be eligible to bring forward a personal injury claim on the basis of negligence if you were injured in a public place, for example, if you were involved in an accident in a garden that is open to the public, such as a flower garden or historical garden. The definition of negligence is as follows: 

  • The party responsible for the public garden owes you a duty of care as a visitor to the space.
  • This third party breaches their duty of care.
  • As a consequence of this breach, you sustain injuries.

This is the criteria of eligibility that your case must meet for you to be considered eligible to bring forward a personal injury claim. 

The duty of care outlined in the Occupiers’ Liability Act 1957 (OLA) explains that the party in charge of a public space must ensure the reasonable safety of their visitors. This requires them to perform measures, such as carrying out risk assessments and providing clear and appropriate signage for hazards. 

If you have been injured in a public place and meet the eligibility criteria outlined above, you may have valid grounds to make a public liability claim. However, it is important to also consider the limitation period relating to your claim. For more information on this, please continue reading the next section. 

What Time Limit Could Apply To My Claim? 

As per the Limitation Act 1980, you will have three years to start a personal injury claim from the date that the accident occurred. If you are not within this time frame, you may still be eligible to bring forward a claim, as certain exceptions can be made.  

Would you like to learn about these exceptions in relation to your potential claim? Please speak to one of our advisors, who can provide insight and advice regarding your eligibility to claim compensation.

Where Could An Accident In A Garden Occur? 

There are various public locations in which you could be injured in an accident in a garden. Below we have provided some examples of these places: 

  • A pub garden
  • A public botanical garden
  • Hotel garden
  • A restaurant garden

If you have been injured in an accident in a garden that was caused by the party responsible for the space breaching their duty of care, you may have legitimate grounds to make a claim. Get in contact with our advisors to discuss your potential personal injury claim. 

Evidence Supporting Your Public Liability Claim For An Accident In A Garden 

To make a public liability claim, you must compile evidence proving that negligence has occurred. This could include the following:

  • Photographic evidence
  • CCTV footage
  • The contact details of potential witnesses to the accident in a garden
  • Copies of your medical records after receiving care for your injuries
  • A diary you have kept of your symptoms and treatment

It is imperative that you seek medical attention after you have been injured in an accident in a public place. Also, we recommend that you seek advice regarding the steps you could take after the accident.

Please contact a member of our team. They will also be able to advise you on the use of a personal injury solicitor, who could help you to gather evidence and prove your personal injury claim

Estimating Payouts For An Accident In A Garden 

There are up to two types of damages that you could be eligible to receive for a successful public liability claim. Firstly, you could be awarded general damages as compensation for the psychological damage and/or physical pain and suffering you experienced as a result of your injuries.  

Legal professionals, such as public liability solicitors, can use the Judicial College Guidelines (JCG) to help them value general damages. Therefore, we also have used the JCG to create the table below as a guide. This contains guideline compensation brackets for various injuries. Please remember that this is a guide and not an exact representation of the award you would receive if your claim were successful. 

Guideline Compensation Table

Type of Injury Severity Details of the Injury Compensation Bracket Guidelines
An Injury Resulting from Brain Damage Moderate (c)(i) The person will have no prospect of employment, a personality change, an intellectual deficit of a moderate to severe level and affected senses with a significant risk of epilepsy. £150,110 to £219,070
An Injury Resulting from Brain Damage Moderate (c)(iii) The person’s ability to work is decreased, dependence on others, if any, is very limited, memory and concentration are affected, and there will be a small risk of epilepsy. £43,060 to £90,720
Leg Injury Amputation (a)(iii) One leg has been amputated above the knee. £104,830 to £137,470
Arm Injury Severe (a) These injuries are extremely serious but fall short of amputation. The person will be left not much better off than if their arm was lost. £96,160 to £130,930
Arm Injury Simple Fractures (d) Fractures of the forearm, which are simple in nature. £6,610 to £19,200
Injury to the Pelvis and Hips Severe (a)(iii) Various injuries can be included in this bracket, such as the fracture of a hip or arthritic femur requiring a hip replacement. £39,170 to £52,500
Ankle Injury Severe (b) Injuries that will require an extensive treatment period. £31,310 to £50,060
Hand Injury Severe Finger Fractures (f) There may be disturbed sensation, impairment of grip, deformity and reduced function. Up to £36,740
Foot Injury Moderate (f) Permanent deformity and continuing symptoms from displaced metatarsal fractures. £13,740 to £24,990
Wrist Injury Less Severe (c) The person will be left with some permanent disability, such as a degree of stiffness and pain that persists. £12,590 to £24,500

Estimating Compensation For Costs And Losses 

Furthermore, you could also receive special damages as compensation for the monetary losses incurred due to your injuries. These monetary losses could include the following: 

However, it is important to consider the evidence that you must provide to prove these losses. You could use travel tickets, payslips, receipts and invoices as proof. 

If you would like an estimation of the compensation you could be eligible to receive for a personal injury claim made after an accident in a garden, speak to one of our advisors. 

Why Contact Public Interest Lawyers About Your No Win No Fee Claim? 

Let our team assess whether you may have legitimate grounds to bring forward a public liability claim. If you are found to be potentially eligible, they could place you in contact with one of the No Win No Fee solicitors from our panel. 

A solicitor could offer their services under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). This would mean you typically don’t pay fees for their services at the following stages of your claim: 

  • Upfront
  • For the duration of time that your claim is ongoing
  • In the event that your claim does not succeed

On the other hand, if you win your claim, your No Win No Fee solicitor can take a small percentage of the compensation. This is a success fee, which the law caps. 

Speak To Us About Your Claim 

Please don’t hesitate to get in touch with a member of our team to discuss your potential public liability claim after sustaining injuries in an accident in a garden.  

To make an enquiry, you can: 

Learn More About Claiming For An Accident In A Garden 

We have further personal injury guides on our website that you may find useful: 

Also, these external sources can provide you with information and support:  

Thank you for reading this guide on when you could have valid grounds to make a public liability claim following an accident in a garden. If you would like to ask any questions regarding the personal injury claims process, don’t hesitate to get in touch using the details above.