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01 overview

Public Liability Injury Claims

Having an accident in a public place can be tough both physically and emotionally. Even though the typical British response is to downplay things and solider on, you might experience complications in the aftermath like unexpected medical costs, emotional stress, and work disruptions

Of course, accidents happen, and sometimes there's no one to blame. But, if an accident wasn't your fault and was caused by someone else's negligence or mistake, you may be able to make a public liability claim.

At Lawhive, our personal injury solicitors are here to help you get the compensation you rightly deserve following an accident in public.

To discuss your claim with our team, get a free, no-obligation case assessment today.

What is public liability?

Public liability is the responsibility of individuals or businesses overseeing public areas to keep them safe. This is called a duty of care.

If an individual or business fails in this duty, and it causes injury, you can usually claim compensation if you can prove they didn't take proper care and, as a result, you got hurt.

Many businesses have public liability insurance to compensate anyone who is injured on their premises due to their fault or negligence.

What counts as an accident in public? 

From a slip, trip, or fall in the town centre, or an accident on the road, businesses, councils, and local authorities have what is known as a ‘duty of care’ to members of the public that use the facilities that they own and operate.

There have been 53,403 public liability compensation claims in 2023 alone, these only account for those reported to the Compensation Recovery Unit, and the value of these was £5.915 million.

The owners of public spaces have a legal responsibility to ensure that public spaces are safe to use and that any identified risk is mitigated. So, if you’re involved in an accident that could or should have been prevented you could claim compensation.

What is a public liability claim? 

A public liability claim is a compensation claim someone can make if they were injured in a public space at no fault of their own.

So, if you were injured because a third party did not do enough to make you safe, they can be considered negligent under the law and you may be able to make a claim. 

You may be able to claim if you were injured in one of the following places:

  • Public places: pavements, paths, walkways, roads and parks;
  • Shopping centres;
  • Shops and supermarkets;
  • Public car parks – including supermarket car parks;
  • Restaurants, pubs, bars, and nightclubs;
  • Gyms, sports and entertainment venues.

What types of accidents in public places can you claim compensation for? 

Personal injury lawyers and legal firms often focus on slips, trips, and falls as these are the most common forms of public injury.

Living Streets, a UK charity for everyday walking, reports that slips, trips, and falls could cost the British taxpayer as much as half a billion each year. The charity was given funding from the Department for Transport to investigate further, and surveying local authorities they found that:

  • Annual personal injury claims payments in England ranged from approximately £15.6 million in 2018 to £7.3 million in 2020
  • Medical treatment and ongoing social care costs are higher: the cost of emergency admissions requiring an overnight stay in 2019 was an estimated £98.7 million.

This form of accident disproportionally affects older people and leads to worse consequences for them. However, they can affect people from all age groups.

Common forms of public injury include:

  • Slips, trips, and falls – often caused in wet, snowy, or icy conditions;
  • Pavement and road accidents – caused by cracks or obstacles on pavements, walkways, paths, and roads;
  • Sports accidents – dangerous sports and activities like motocross, skiing snowboarding, and horseracing can lead to injuries;
  • Holiday injuries – if you were injured on holiday while skiing or during water sports or became ill from food poisoning, you may be able to claim on return to the UK;
  • Supermarkets – accidents in the aisles due to inadequate or no spillage warnings, uncleared obstacles, and car park accidents.

What sort of injuries happen in public place accidents? 

The injuries sustained from public accidents can vary.

Some of the most common accidents reported are:

  • Cuts, lacerations, bruises;
  • Broken bones;
  • Strains and sprains;
  • Life-threatening injuries;
  • Fatal injuries.

Can I make a personal injury claim for an accident in a public place? 

If you were injured and it was not your fault you may be able to make a personal injury claim for your accident that took place in a public space.

You’ll need to provide evidence that:

  • You were involved in an accident in a public space;
  • It wasn’t your fault; the other party was negligent;
  • You were injured in the accident.

You can still claim public liability compensation if you were partly responsible for the accident, as long as the owner of the space was also partly responsible for your accident taking place. The amount you could receive in this instance would be determined by the degree to which the other party was to blame for your accident.

It may be that the person who was injured is a loved one and is unwilling or unable to talk about the accident. Our solicitors can speak to loved ones, friends, and relatives and a claim can be made on behalf of the injured person when they are prevented from making a claim themselves.

Is there a time limit on public liability claims?

Yes, as with other personal injury compensation claims you will typically have three years in which to bring a public liability claim against a third party.

What this means is that you have three years from the date of your accident to make a claim. Or, when injuries don’t immediately result, three years from the date your injuries were diagnosed by a medical professional.

If you were under 18 at the time of the injury you will have to wait till you turn 18 to make a claim, and you will have until the day you turn 21 to do so. Otherwise, any parent, guardian, or responsible adult can claim on your behalf before then.

Other exceptions to the public liability accident timeline may apply, including if you or the claimant does not have the mental capacity to do so. In legal terms, mental capacity relates to the ability to understand what is happening and when. What constitutes as lacking mental capacity is set out in the Mental Capacity Act 2005.

How much compensation could I get for a public liability claim? 

This will depend on the extent and circumstances of your injury and what you claim for.

There are two categories of damages for personal injuries:

  • General damages – relate to the pain, suffering, and loss of amenities (ability to go to work, enjoy hobbies) that result from your injury;
  • Special damages – can be awarded for loss of earnings (current and future), medical expenses, and any modifications you need to make to your home or vehicles to improve their accessibility, for example adding a chair lift to your home, or adding a walk-in bath to your bathroom.

However, the Judicial College guidelines lay out the general damages payments for some of the most common injuries experienced from public accidents:

Injury Compensation bracket
Head injury£2,070 - £379,100
Facial injury£1,600 - £42,730
Permanent back injury £11,730 - £85,470

The amount of compensation you will get will depend on the circumstances of your case.

Our expert public liability injury solicitors will be able to advise you about how much you could claim after you explain to them how your injury happened and they review any evidence that you can submit.

Who pays public liability compensation? 

When you have been injured in a public space and want to claim against the responsible person or parties, the claim will usually be made against the person who occupies or controls the building or location where your accident happened.

If your accident happened on a road, for example, you may be able to lodge a claim against the local council or Highways England, if you were injured on a motorway.

In other cases, you could claim against:

  • The shop or shopping centre you were injured in;
  • The restaurant, pub, or bar where you were hurt;
  • The sports club where you were injured.

Most businesses have public liability insurance to cover personal liability claims that are raised against them. So, if your claim is successful, it will likely be paid by the third party’s insurance company.

However, even if the owner of the place where you were injured doesn't have public liability insurance, you can still make a claim. In these cases, the owner would be liable to pay any compensation awards.

How do I prove a public liability claim?

You will need to provide evidence that the injury was caused by the negligence of the owner or occupier of the public space you were injured in.

Common evidence includes:

  • Photographs and video evidence – make sure you take photos of your injuries soon after the event to provide as evidence. You might also want to take photos and videos of where your accident took place to show the conditions of the space that led to your accident and subsequent injuries;
  • CCTV footage – if there are CCTV cameras in the area, ask for copies of the footage. You can often find details about the company responsible for maintaining the CCTV on lampposts;
  • Log the accident – businesses must have accident log books, log your accident where you can, so there is a record of it, get a copy of the report if you can as it will corroborate the time, date, and location of the accident;
  • Get medical attention – from A&E or a minor injuries unit and follow this up with a visit to your GP, they will assess you and make notes that will be useful later on;
  • Get witness details – ask any witnesses for their details, and your solicitor will contact them when building a case;
  • Keep records – of your injuries and expenses, you might consider an injury diary to summarise how your injuries develop and how they affect you over time.

How much does a public liability claim cost? 

Typically, public liability accidents are operated on a no-win, no-fee basis. This means you won’t incur financial risks and undue expenses when making a claim. 

At Lawhive, our personal injury solicitors can provide support with your claim on a no-win, no-fee basis if there's a good chance of success. However, if your claim is unsuccessful, you won't have to pay for your legal costs.

How long does it take to claim public liability compensation?

It’s difficult to give a clear timeline without knowing more information. This is what a solicitor will attempt to establish once you have supplied them with all the information and evidence about your accident that you have.

On average, claims take from a few months up to a year to complete, however depending on the complexity of your case and how difficult negligence is to prove, it could take shorter or longer.

How Lawhive can help

Our expert public liability lawyers can help you claim the compensation you deserve so you can move past your accident.

We know serious public accidents can have a significant impact on your finances, sometimes preventing you from working, and that your mental health can be badly affected.

If you feel ready to talk and make a claim, contact us today and arrange a free case assessment to determine the strength of your case, how much you could claim, and how long it will take.

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