If you have been injured in a public place, it is important to understand your rights, learn more about who may be liable, and find out how to begin a public liability claim. Personal injury claims allow victims to be compensated for their injuries and financial losses. They can also help to hold those responsible for public areas to account.
Key Points
- Claims could cover incidents such as slips, trips and falls, accidents in parks, those on the street, or in other public spaces.
- The organisation or individual responsible for a space that members of the public have access to is known as the ‘occupier’.
- Compensation may be paid by an occupier’s public liability insurance.
- Public liability insurance is not compulsory, but you can still make a claim.
The first step to making a public liability claim is getting in touch with one of the Public Interest Lawyers advisors. An advisor can assess whether you have an eligible claim, discuss what items you can gather to prove it, estimate your compensation and if you wish to move forward with your case, connect you to one of the solicitors from our panel. Our panel provide a No Win No Fee service.
To get started:
- Call an advisor on 0800 408 7825.
- Use our online chat to discuss your case with a real human.
- Click here to contact us.
Jump To A Section
- What Is A Public Liability Claim?
- Who Is Liable When An Accident Happens In A Public Place?
- What Are Some Common Public Liability Accidents?
- What Should You Do After A Public Place Accident?
- How Much Compensation Can Be Awarded For A Public Liability Accident?
- How Is Public Liability Compensation Paid For?
- What Do I Need To Make A Public Liability Claim?
- Why Choose Public Interest Lawyers
- Frequently Asked Questions
- Learn More
What Is A Public Liability Claim?
A public liability claim is a specific type of personal injury claim which is made against the occupier of a public space. This includes any spaces accessed and used by members of the public. Such claims provide a legal route by which victims can recover losses for physical or mental injuries, as well as for their financial losses. Under the Occupiers’ Liability Act 1957, those responsible for public spaces have a duty of care to take steps to ensure visitors’ reasonable safety.
Public liability claims may involve accidents such as those caused by broken staircases or flooring, uneven pavements, faulty equipment or falling objects.
Get in touch to begin your claim. Next, we look at who may be liable for an accident in a public space.
Who Is Liable When An Accident Happens In A Public Place?
The party in control of a public space (legally termed the occupier) may be liable when an accident occurs. This party may be the owner, tenant or other party controlling said space. Claims may be made against,
- Private individuals.
- Businesses or organisations.
- Councils or other public bodies.
These parties are required to ensure the reasonable safety of lawful visitors under the Occupiers Liability Act 1957.
Any public liability compensation claim rests on 4 main eligibility criteria.
- The occupier owed you a duty of care.
- They breached this. For instance, a local authority may have failed to safely maintain a pavement.
- The breach caused you harm. In this instance, you tripped over on a broken pavement and suffered a knee injury.
- You are within the personal injury claims time limit (more on this later).
Can I Make A Public Liability Claim On Behalf Of A Loved One?
Yes, you may make a public liability injury claim on behalf of a loved one by acting as their litigation friend. You may do so where your loved one is under 18 or lacks the capacity to make a claim themselves. A litigation friend may be appointed to ensure that a vulnerable claimant can still access the claims process. The parties identified above are legally unable to make a claim on their own behalf.
A litigation friend may be a,
- Parent.
- Other adult relative.
- Guardian.
- Solicitor.
- A party appointed by the courts.
Any person wishing to become a litigation friend must be appointed to do so by the court. They must act in the best interests of the claimants throughout the claims process.
An advisor could help you understand more about when you may bring a public liability injury claim for yourself or on behalf of a loved one.
What Are Some Common Public Liability Accidents?
Common public liability accidents may include slips on wet floors, trips on uneven pavements and falls down broken staircases. Compensation claims could be made if the party in control of the premises does not take reasonable steps to prevent them.
Common examples may include accidents in,
- Being struck by falling objects in shops, supermarkets or shopping centres.
- Tripping over trailing cables or broken flooring in a local authority building.
- Swimming pool or gym accidents in council run leisure centres.
- Falls caused by broken playground equipment.
- Trips on uneven pavements in the street or public parks.
- Slips, trips and falls in train stations.
- Slips on wet floors, ice or snow on business premises, such as car parks.
Local authorities, private businesses, and other parties, are legally responsible for their premises. When they fail to take steps to ensure reasonable safety and accidents occur, you could make a public liability claim.
What Should You Do After A Public Place Accident?
After an accident in a public place, you should seek medical care, report the accident and collect evidence. Taking these steps are essential to ensure your health and could help you to make a public liability compensation claim.
Following an accident, you should,
- Seek medical care and attention for any injuries you have, however minor. It is important that you get the treatment you need. Your medical records may also be used in support of your claim.
- Report the accident to the occupier, ensuring that they record it in the accident report book.
- Take photographs of the accident scene and your injuries, these and any CCTV or other video footage available can be submitted as evidence.
- Collect witness details, they may later be asked to prove a statement in support of your claim.
- Keep records of any financial losses you intend to claim for.
Medical documentation, accident reports and other documentation can be an essential part of establishing the other party’s liability and making a successful claim. To make a public liability claim or to get further help, please contact an advisor now.
How Much Compensation Can Be Awarded For A Public Liability Accident?
How much compensation can be awarded for a public liability accident may depend on the injuries sustained and their severity. For example, a very severe brain injury may be awarded from £344,150 to £493,000. These and the figures in the later table are taken from the Judicial College Guidelines (JCG). The JCG publishes guideline amounts of compensation for different forms of harm.
Such guidelines may be used by solicitors and courts when estimating compensation for injuries. Forming one of two heads of loss, general damages, this focuses on compensating people for the physical and mental harm they suffered.
| Injury | Severity | Notes | Guideline Compensation |
|---|---|---|---|
| Multiple and severe injuries + special damages. | Severe. | Severe forms of injury and special damages (inc. care costs, etc). | Up to £1,000,000+ if including special damages. |
| Brain damage | Severe - A | The most severe forms of brain injury where the person can follow basic commands. | £344,150 to £493,00 |
| Moderate - C (i) | Severe intellectual deficits, personality changes and effects of speech or sight. | £183,190 to £267,340. | |
| Elbow injury | Serious, disabling - A | Severely disabling injuries. | £47,810 to £66,920. |
| Ankle injury | Severe - B | An injury which requires an extensive treatment or recovery period. | £38,210 to £61,090 |
| Knee injury | Severe - A (iii) | Such injuries leave the person with less severe disabilities. | £31,960 to £53,030. |
| Leg injury | Less serious - C (i) | Where you make an incomplete recovery from a fracture. | £21,920 to £33,880 |
| Back injury | Moderate - B (ii) | Including commonly seen back injuries. | £15,260 to £33,880 |
| Wrist injury | Less serious injuries - C | Leading to permanent disability, stiffness and pain. | £15,370 to £29,900 |
| Shoulder injury | Clavicle fracture - E | The extent of the fracture, disability and residual symptoms impact compensation paid. | £6,280 to £14,940 |
Please note that the top figure is not from the JCG and that these figures are only guidelines, not guarantees of compensation awarded.
What Factors Determine The Final Public Liability Compensation Amount?
Factors determining the final amount of public liability compensation a claimant may be awarded include the impact their injuries had on their income and what financial losses they incurred. The following factors may be taken into consideration,
- Impact on earnings and income. You may be compensated for lost income and earnings, taking into account both past and projected future losses.
- Medical and care expenses. You may have to pay for medical treatment, medication or long-term care. These costs can be reclaimed.
- Travel costs. The cost of travelling to and from medical appointments may be reclaimed.
- The cost of modifying your home or a vehicle. This may be necessary where you are left with a long-term or permanent disability. You may also be compensated for any property damage.
As discussed when looking at how to prove your claim, you must provide evidence of these losses and that they were connected to the injuries sustained. You can submit copies of bank statements, invoices for medical treatment or care, or those for modifications to a home, etc. You must submit evidence of these losses as the other party to the claim will need to see what financial losses were incurred and how the accident led to them.
Learn more about how much compensation you could be awarded by talking to one of our advisors.
How Is Public Liability Compensation Paid For?
Public liability compensation is (in general) paid for by the occupier’s insurance policies. Whilst there is not a specific law requiring businesses and local authorities to have a public liability insurance policy in place, it is generally accepted practice to do so.
By making claims against an occupier’s public liability insurance policy, claimants can secure awards without relying on the business or individual having funds to compensate them. Most organisations do have public liability insurance policies in place to cover any claims made by members of the public.
If the party liable for your accident did not have public liability insurance cover, you may still make a claim against them. However, recovering compensation awards can be more complex in such cases.
Next, we look at what you need to make a public liability claim.
What Do I Need To Make A Public Liability Claim?
You need a strong, clear body of evidence to make a public liability claim. This includes proof of the accident taking place and of your injuries. In addition, you must ensure that your claim is filed within the legal time limit. Having a strong body of evidence can significantly improve your chances of making a successful claim. Both the insurance provider for the other party or the courts will need to see conclusive evidence of the defendant’s liability.
Key evidence includes,
- Proof of injury, such as copies of your medical records.
- Proof of the accident, including accident reports.
- Photo and video evidence of the accident having taken place or of injuries.
- Proof of financial losses.
- Witness contact information if they would like to provide statements later in the claims process.
Most public liability compensation claims must be filed within 3 years of the date on which they occurred. There are some notable exceptions to this time limit, namely when claiming on behalf of someone else. This is set out in the Limitation Act 1980.
- Time limits for minors do not begin until they turn 18.
- No time limits may be applied where the person lacks the mental capacity to claim themselves.
If you are unsure about what you need to make a public liability claim, please contact Public Interest Lawyers today.
Why Choose Public Interest Lawyers
Public Interest Lawyers can help individuals and their loved ones to pursue personal injury claims. We could offer expert guidance from one of our advisors and No Win No Fee support from a solicitor from our panel. We are committed to successfully securing settlements for claimants.
Both our advisors and the solicitors on our panel aim to make the claims process straightforward and accessible. This allows claimants to focus on their recovery, whilst a solicitor handles their claim. The solicitors we work with are regulated, experts, experienced and could offer you a Conditional Fee Agreement (CFA). This means that you wouldn’t pay any solicitors’ fees unless you win.
If you win, you pay a success fee to the solicitor. This is charged as a (legally capped) percentage of your compensation.
Just some of the reasons to choose Public Interest Lawyers include,
- A free assessment of your case. An advisor could assess your case and check your eligibility.
- Help from a specialist solicitor. You may be connected to a solicitor specialising in claims similar to your own.
- Clear communication. Our advisors and solicitors will communicate clearly and concisely through the claims process, ensuring you fully understand how your case is progressing.
- A No Win No Fee service. You won’t need to pay a solicitor’s fee if your claim fails.
Please contact our advisors today for free advice and help with your claim. You can get in touch today by,
- Phoning an advisor on 0800 408 7825.
- Speaking to us online via the live chat.
- Clicking here to contact us.
Frequently Asked Questions
Below we answer some of the most frequently asked questions, helping you to understand your rights, how the claims process works and what insurance covers.
Is Public Liability Insurance Compulsory?
As already mentioned, public liability insurance is not compulsory in the UK. However, many local authorities, businesses and even individuals choose to have such policies in place. Some regulators or industry organisations require such policies as a condition of operation.
What Won’t Be Covered By Public Liability Insurance?
Typically, public liability insurance won’t cover,
- Deliberate and/or reckless acts.
- Damage to your property/ premises.
- The provision of professional services (may be covered by indemnity insurance).
- Workplace accidents (may be covered by employers’ liability insurance).
Will I Still Have A Valid Claim If I Was Partially Responsible?
Yes, you may still have a valid claim if you were partially responsible either for your accident or injuries. However, any payout awarded will be reduced to reflect your share of the responsibility, for example, by 50% if equally responsible.
Will A Public Liability Claim Go To Court?
It is unlikely that your public liability claim will go to court, as most personal injury claims are settled out of court through negotiation. If the other party denies liability or does not offer a fair settlement, you may need to go to court.
How Long Does Public Liability Take To Pay Out?
How long public liability takes to pay out may depend on how complex a case is. Simpler claims may be settled in a few months with more complex cases taking longer to settle.
If you have any further questions about how to claim compensation or about how legal proceedings work, please talk to our advisors. In the final part of our guide, below, you can find additional resources.
Learn More
Learn more about public liability claims in this final part of our guide.
- Learn about allergic reaction claims in this guide.
- Check how to claim for an accident on public transport in this resource.
- Check if you could claim for slipping on a wet floor with no sign here.
References.
- This government guide explains how to request CCTV footage of yourself.
- Find out more about Statutory Sick Pay in this government resource.
- View this guide to first aid from the NHS.
Thank you for reading our guide to public liability claims.