What Could I Claim If I Fell In A Pothole In A Yard Or Car Park?

This is a guide to when you may be eligible to make a personal injury claim after you fell in a pothole in a yard or car park. In public places, the party responsible for the space owes you, as a member of the public, a duty of care to ensure your reasonable safety. For example, if you were in a yard at a pub or in a car park and you sustained injuries by falling in a pothole due to the party responsible for the public space breaching their duty of care, you may be eligible to claim. 

fell in pothole in yard

What Could I Claim If I Fell In A Pothole In A Yard Or Car Park?

As we move through this guide, we will explain the duty of care owed to you in public spaces in more detail. Furthermore, we will discuss the evidence you could use to prove this duty was breached and support your claim.

What’s more, you could be eligible to use a No Win No Fee solicitor, which we will explain towards the end of this guide. 

If you would like free and confidential advice regarding a potential personal injury claim, please speak to a member of our team. They have experience with handling public liability claims and are available 24/7, so you can get in touch at a time best for you.  

You can:

  • Call our helpline on 0800 408 7825
  • Contact us via our online page
  • Use the live ‘chat with us’ feature at the bottom of this page

Select A Section

  1. What Could I Claim If I Fell In A Pothole In A Yard Or Car Park?
  2. Criteria To Claim If You Fell In A Pothole In A Yard Or Car Park
  3. How To Prove The Occupier Of A Car Park Or Yard Was Liable For Your Injuries
  4. What Injuries Could Falling In A Pothole Cause?
  5. Get Help With Your No Win No Fee Pothole Injury Claim
  6. Learn More About Claiming For Slips, Trips And Falls

What Could I Claim If I Fell In A Pothole In A Yard Or Car Park?

If you were to bring forward a personal injury claim after you fell in a pothole in a yard or car park, you could receive an award comprising of up to two types of damages. These are special damages and general damages. General damages cover the physical pain and suffering and/or the psychological harm resulting from your injuries. 

To make the table below, we used the Judicial College Guidelines (JCG), which public liability solicitors and other legal professionals can use to help them value general damages. This table contains guideline compensation brackets covering various injuries you could sustain in a public slip, trip or fall accident. However, it should be noted that these brackets are a guide and not an exact representation of what you may receive. 

Guideline Compensation Table

Injury Type The Severity of the Injury Details Guideline Compensation Brackets
Brain Damage (b) Moderately Severe The person is seriously disabled, relies on constant care and depends on others a substantial amount. £219,070 to £282,010
Brain Damage (c)(i) Moderate The person suffers a personality change, a significant risk of epilepsy, no prospect of employment, and between a moderate and severe intellectual deficit. £150,110 to £219,070
Brain Damage (d) Less Severe The person can partake in normal social activities, return to work and will have made a good recovery. £15,320 to £43,060
Wrist Injuries (a) Loss of Function The person will completely lose wrist function. £47,620 to £59,860
Wrist Injuries (c) Less Severe Some disability that is permanent in nature. For example, a level of persisting pain and stiffness. £12,590 to £24,500
Wrist Injuries (e) Colles’ Fracture An uncomplicated Colles’ fractures. In the Region of £7,430
Arm Injuries (b) Substantial and Permanent Disablement One or both forearms are seriously fractured resulting in permanent significant disability, which will be either functional or cosmetic. £39,170 to £59,860
Ankle Injuries (b) Severe Injuries that require the person to suffer an extensive period of treatment. £31,310 to £50,060
Leg Injuries (c) Less Serious Soft tissue injuries considered serious or fractures where the person makes an incomplete recovery. £17,960 to £27,760
Foot Injuries (f) Moderate Permanent deformity and continuing symptoms from displaced metatarsal fractures. £13,740 to £24,990

How Special Damages Could Also Compensate You

You could also receive special damages in a successful public liability claim, which account for the financial losses incurred due to your injuries. To be found eligible for special damages, you must provide evidence of your financial losses. These losses and the corresponding evidence may include: 

  • Loss of earnings – payslips
  • Travel expenses – travel tickets
  • Care costs – invoices 
  • Housing adaptations – receipts and invoices

Please don’t hesitate to get in touch with a member of our team if you would like a personalised estimate of the compensation settlement you could be eligible to receive for your successful personal injury claim. 

Criteria To Claim If You Fell In A Pothole In A Yard Or Car Park?

If you fell in a pothole in a yard or car park, you may be eligible to claim personal injury compensation if your case meets the following criteria: 

  • Firstly, the party responsible for a public space owes you a duty of care.
  • Secondly, they breach this duty of care by not ensuring your reasonable safety.
  • As a consequence of the breach, you sustain physical injuries and/or psychological damage. These three points constitute negligence.

As per the Occupiers’ Liability Act 1957, the party responsible for a public space, such as a car park or pub yard, owes a duty of care to all visitors to the place. They must ensure the public’s reasonable safety. 

The steps they must take to do this include: 

  • Performing risk assessments
  • Providing signage for hazards
  • Carrying out maintenance within the correct time frame

This means not all public accidents will lead to a compensation claim, as you must be able to show the party responsible for the space breached their duty of care. It is also important to consider the time limits applicable to personal injury claims, as we will discuss below. 

Time Limits On Pothole Accident Claims

The Limitation Act 1980 lays out the time limit for personal injury claims. This means that your claim must begin within three years from the date of your accident. However, if this is not applicable to your case, you may still be eligible to claim, as some exceptions can apply.

If you’d like to enquire about these exceptions in connection with your case, please speak to a member of our team.

How To Prove The Occupier Of A Car Park Or Yard Was Liable For Your Injuries

You may wonder, ‘How do I prove my personal injury claim?’. It is important that you can support your claim with evidence showing the occurrence of negligence. This evidence could include:

  • Photographic evidence 
  • CCTV footage
  • Witness contact details
  • A diary of your symptoms and treatment
  • Copies of your medical records 

If you would like advice on the evidence of negligence that you could gather after you fell in a pothole in a yard or car park, speak to a member of our team. 

What Injuries Could Falling In A Pothole Cause?

Various injuries could be sustained after you fell in a pothole. These may include: 

  • Sprains and strains
  • Cuts and lacerations
  • Broken bones
  • Brain damage
  • Soft tissue injuries

If you have sustained injuries for which the party in charge of a public space is liable, you may be eligible to claim compensation. Contact a member of our team for advice. 

Get Help With Your No Win No Fee Pothole Injury Claim

When you pursue personal injury compensation for an accident in a public place, you may be eligible to use a No Win No Fee solicitor who could work on your claim under a Conditional Fee Agreement (CFA). This would mean you would pay for the services provided by your solicitor at the following times: 

  • Upfront or whilst your claim is ongoing.
  • In the event your claim is unsuccessful. 

On the other hand, a successful claim can see your solicitor take a small fee from the compensation. This success fee is capped by legislation and means you won’t be overcharged. 

Get in touch with our team today to talk about your potential claim. If they find you may have a legitimate case, they could assign your case to a No Win No Fee solicitor on our panel. 

Talk To Our Team

Please get in touch with a member of our team to learn more about making a personal injury claim after a fall. They are available to talk 24 hours of the day, 7 days a week.

You can:

  • Call our helpline on 0800 408 7825
  • Contact us via our online page
  • Use the live ‘chat with us’ feature at the bottom of this page

Learn More About Claiming For Slips, Trips And Falls

Explore more of our guides to gain a better understanding of the personal injury claim process following a slip, trip or fall: 

Also, take a look at these relevant external sources:

Thank you for taking the time to read through this guide on claiming personal injury compensation after you fell in a pothole in a yard or car park. If you have been left with any questions, please speak to a member of our team today. 

Written by Oxland

Edited by Mitchell