Who Is Liable For An Accident In A Public Place?

Liability For Accidents In Public Places

Accident In A Public Place

Accident In A Public Place

If you suffered an injury in an accident in a public place, you may be able to seek compensation for the harm suffered. And if you can prove what happened, you could be entitled to make a liability accident claim against the responsible party. Our guide explains what proof is required and what a personal injury claim entails.

You could be injured whilst in a park, shop, restaurant or on the road, all of which are classed as ‘public places’, which is anywhere the general public can legally access. The organisation who could be held liable for any injuries you suffer would be determined by determining who had control over the space in question, property ownership, management, and whether it is a local council or private business/organisation.

Any public place that can be accessed by the general public must be safe for them to do so, and it is up to those in control to ensure this is the case. This is because they owe the general public a ‘duty of care’ to uphold their health and safety while on their premises.

Our guide to public liability claims takes you through the process of proving responsibility and explains what a claim of this type may be worth. We provide information on how a solicitor would assess your case before offering to work on your claim on a No Win No Fee basis. We explain what signing a Conditional Fee Agreement with a solicitor means and what the many benefits of working with a No Win No Fee lawyer offers you.

If you would like to discuss a claim with one of our advisers, please get in touch today on 0800 408 7825. For more information on public liability and how to prove you were injured through no fault of your own, please continue reading our guide by clicking on the sections below.

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A Guide To Liability In An Accident In A Public Place

A public place is defined as being anywhere that the general public can legally access whether the site is owned privately, by a local council/authority, or some other organisation. 

Those in control of public places owe the general public a duty of care which is to ensure that the areas are safe for people to use. This means the areas must be routinely inspected and maintained by carrying out timely repairs when needed. Establishing what duties an owner of a public place is bound to do helps determine liability should you suffer an injury whilst using a public place.

Our guide explains what a public liability claim is, and how much financial compensation you could be awarded in a successful case against a party deemed liable for the injuries and losses. 

We explain how accident liability in a public place would be determined, and the types of accidents which would not be classed as public liability claims.

We offer advice on what three criteria a personal injury claim must meet for a case to be valid. We also provide valuable information on the sort of accident and injuries you could claim for. 

Our guide explains how signing a Conditional Fee Agreement with one of the personal injury lawyers from our panel could help you claim the compensation you could be entitled to. 

To discuss your case with a member of our team, please contact Public Interest Lawyers today.

What Is A Public Place Liability Accident Claim?

You could suffer an injury in a public place and whoever controls the site/area could be deemed liable. Public places are anywhere the general public can access legally and could be run by local councils/authorities, organisations, businesses, or private property owners. 

Whoever controls the site owes the public a ‘duty of care’ which is to ensure that the space is safe for them to use. This means carrying out routine inspections to ensure the general public is not at risk of being injured.

Some of the more common accidents that can occur in public places include:

  • When a person slips and trips in a shop or supermarket
  • When an item falls from a shelf and injures a customer, whether in a shop or supermarket
  • A shop assistant knocks a customer with a roll cage or while stacking a shelf
  • A chair or stool collapses in a restaurant or bar, injuring a customer
  • Tripping on a dangerous step in a restaurant, bar, nightclub, or shop
  • Slipping in a bar, nightclub, or restaurant because a split drink was not cleared up
  • Tripping in a car park because of a pothole/uneven pavement

It is worth noting that it is not always evident who could be deemed liable for an accident in a public place which is why you should always gather as much evidence as you can. A public place may be occupied by someone who rents it but it could be owned by someone else.

To find out how Public Interest Lawyers can be of assistance when making an accident liability claim, please speak to a member of our team today.

How Much Financial Compensation Could You Be Awarded?

Our guide includes a table indicating how much your public liability claim could be worth. The figures shown are based on the Judicial College Guidelines and are awarded to compensate you for physical pain and psychological suffering you endured because of your injuries. 

The amounts you can see below do not include special damages which are awarded to compensate claimants for their losses and out of pocket expenses.

InjuryNotesGuideline Compensation Amount
Moderate injuries to the neckInjuries which could result in disc lesions. May cause permanent damage, pain and discomfort £7,410 to £23,460
Moderate injuries to the back Damage to ligaments and muscles. May make an existing condition that much worse£11,730 to £26,050
Serious injuries to the shoulderDislocation of the shoulder. A fractured humerus may be a consequence together with movement being negatively impacted £11,980 to £18,020
Fractured clavicle/collar boneDepending on the severity of the injury and how permanent the damage may be£4,830 to £11,490
Injuries to hip/pelvis Significant pelvic or hip injuries with no permanent disabilities£24,950 to £36,770
Less severe injuries to the armMay result in significant disability initially. Recovery may be possible£18,020 to £36,770

We appreciate you may want a more precise estimate. If so, we recommend getting in touch with our personal injury claims team. Once they know the facts surrounding your case they can provide more solid advice about what it could be worth. 

Examples Of Other Forms Of Compensation

Public liability claims can consist of  two parts namely general damages and special damages. The table above provides an idea of the general damages you could receive in a successful claim. 

Special damages are based on financial losses. You must provide proof of your losses and out of pocket expenses when claiming them back in an public liability claim.

You could claim the following out of pocket expenses and losses in your public liability claim:

  • Loss of income for the time you were off work
  • Loss of future earnings if you are not able to work again
  • Medical expenses which cover prescription costs and treatment costs not covered by the NHS
  • Travel expenses which covers the cost of getting to a place where you are being treated and back, whether you travel by bus, train, taxi, or car
  • Care costs should you require assistance around the home while you recover
  • Any other expenses and losses you can link to the injury you suffered in a public place

For a more accurate idea on how much an accident liability claim could be worth, please get in touch with Public Interest Lawyers today.

Who Could Be Liable For Your Accident In A Public Place?

If you suffer an injury in a public place and you were not at fault, you could be entitled to seek compensation. Even if you were partly responsible for the accident in a public place, you may still be able to file a personal injury claim for compensation. 

When it comes to determining who is liable for the injuries you suffered, this would need to be established before a case can go forward.

It could be that any of the following organisations may be liable for injuries you sustained in a public place:

  • Local Councils
  • Other local authorities
  • The Highways Agency
  • Supermarkets
  • Private owners of restaurants, bars, nightclubs, and other public places

For more information on who could be liable for injuries you suffered in a public place, please get in touch with a member of our team today.

How Are Responsibility And Liability Proven?

For a public liability claim to be valid, you would need to determine that an owner of the public place where you suffered an injury is legally responsible. You must also prove the injuries you suffered were as a result of the accident you had in a public place. Should you be partly responsible for the accident, you may still be able to claim compensation.

Because proving responsibility can be challenging, you must gather as much evidence as possible before contacting a solicitor who would then investigate which party could be held liable for your injuries.

To find out how Public Interest Lawyers can be of assistance in proving a public liability claim, please get in touch today.

What Types Of Accidents Are Not Public Liability Claims

There are various claims which cannot be classed as public liability claims which include the following:

  • Personal injury claims made against an employer which fall under employer’s liability 
  • Road traffic accidents, which relate to privately held and commercial insurance policies.

To find out whether your case falls under a public liability, please contact a member of the Public Interest Lawyer’s team today.

What Are The 3 Criteria A Claim Must Meet In Order To Make A Claim?

There are 3 criteria  any type of negligence claim must meet in order for it to be valid. These are as follows:

  1. The body in control of the public space in question owed you a duty of care
  2. That duty was breached, creating the risk of harm
  3. As a result of the breach, you were injured in an accident.

Once you can prove all three criteria, negligence can be established. To discuss your claim with a member of our team, please call today.

Types Of Accidents And Injuries

You could suffer several types of injuries if you have an accident in a public place. The most common accidents that people suffer on public ground include the following:

  • Slip, trip, and falls
  • Falling objects, like broken or damaged tree branches
  • Broken fence
  • A broken bench, picnic table, other outdoor equipment
  • Playground equipment
  • Outdoor gyms
  • Broken pavement fixtures
  • Broken signs
  • Broken gate
  • Uneven pavement
  • Pothole falls

The sort of injuries you could suffer in an accident in a public place may include the following:

  • A broken bone
  • A fractured bone
  • Head injuries
  • Concussion
  • Torn ligament
  • Torn tendons
  • Twisted ankle

If you would like to discuss a public liability claim with a member of our team, please get in touch with Public Interest Lawyers today.

No Win No Fee Damages Claims For Accident In A Public Place

Public Interest Lawyers provide you with an initial consultation which is free of charge. You would not have to continue with a public liability claim should you not wish to. 

This first consultation allows us to assess whether you have a strong case against a party who could be held liable for the injuries you suffered. Once this is achieved, a personal injury lawyer from our panel would offer to act on your behalf on a No Win No Fee basis.

This would involve agreeing to a Conditional Fee Agreement (CFA) with your solicitor and once done, they could begin their investigations without asking that you pay them an upfront fee to do so. 

You would not have to find the money to pay ongoing fees either. The only time you pay for the services of a No Win No Fee lawyer is when you receive public liability compensation. Should your case be unsuccessful, there would be nothing to pay because you signed a CFA with the solicitor who represented you.

To find out how Public Interest Lawyers can help you make a claim against a party who could be deemed liable for the injuries you suffered, please get in touch today.

Contact Us And Start A Claim

Thank you for reading our guide to accidents in a public place. If you’re looking to make a claim or would like more free legal advice, why not get in touch with our team using any of the following methods:

Quick Resources

If you would like more information on Occupier’s liability, please click on the link below:

Occupier’s Liability Act 1957

For more information on how to sue a council, please click on the link provided below:

Make an insurance claim against a council

If you would like to know more about the benefits of having a solicitor represent you, please follow the link below:

How a personal injury lawyer can assist you

If you had an accident in a public place and damaged your knee, the following link takes you to a guide to claiming compensation:

Claiming compensation for a fractured knee

 

Guide by OO

Edited by II