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You may already know the impact an accident in a public place can have on someone’s health and finances. If someone else’s negligence caused your injuries, you might have grounds to claim compensation. Our guide aims to give you all the information you may need to start your compensation journey.
In this guide, you will find out about the eligibility criteria for making a claim and what public liability is exactly. We’ll also show how to prove a claim and provide some examples of why public liability claims happen.
You’ll also read about public place compensation and what it can potentially cover. Finally, we’ll take a look at the work of our solicitors and the benefits of claiming on a No Win No Fee basis.
Our advisors are here to help, whether that’s answering questions or providing advice on time limits. There is no obligation to access our free advice service, so reach out to see if you can claim by:
- Calling via 0161 509 2856
- Choosing to fill in our contact form.
- Clicking on the live chat box.
Jump To A Section
- Can I Claim For An Accident In A Public Place?
- What Public Place Accident Compensation Can I Get?
- What Is Classed As A Public Place?
- Who Is Responsible For Public Place Accidents?
- The Most Common Examples Of An Accident In A Public Place
- How To Prove A Claim After A Public Place Accident
- Can I Make A No Win No Fee Public Accident Claim?
- Learn More
Can I Claim For An Accident In A Public Place?
Yes, if you can establish the following:
- You were owed a duty of care.
- This duty of care was breached.
- You were injured as a direct result.
A duty of care is an obligation that another party has to protect the wellbeing and safety of others. You can find out more about who has a duty of care in public places and what it involves later on in this guide.
Our advisors are also on hand to answer any questions you might have. They’re here 24/7, and the advice is free and confidential.
What Public Place Accident Compensation Can I Get?
According to the Judicial College Guidelines (JCG), a publication which compiles suggestive compensation brackets for various injuries, a person with severe back injuries may receive between £111,150 and £196,450.
Solicitors sometimes use the JCG to assess the potential value for a person’s injuries, which are covered under a head of claim called general damages. The figures listed below, aside from the first entry, come from the JCG. This list is not a guarantee of compensation and is included only as guidance, as personal injury claims are evaluated on a case-by-case basis.
JCG Compensation Brackets
- Multiple Severe Injuries and Special Damages – Up to £1,000,000+ – This bracket covers multiple severe injuries along with special damages, such as care costs or medical expenses.
- Back Injuries – Severe (i) – £111,150 to £196,450 – Severe damage to the spinal cord and nerve roots, causing disability, incomplete paralysis, and pain that is severe. The bowels, bladder, and sexual function will be significantly impaired.
- Back Injuries – Severe (ii) – £90,510 to £107,910 – Includes nerve root damage, featuring symptoms like lost sensation and an impairment of mobility, bladder, and bowel function.
- Pelvis and Hip Injuries – Severe (i) – £95,680 to £159,770 – Cases cover fractures that are extensive, such as a low back joint being dislocated alongside a ruptured bladder.
- Pelvis and Hip Injuries – Severe (ii) – £75,550 to £95,680 – Injuries of a severe nature, such as a fracture dislocation that involves the pubic rami and ischial, leading to impotence.
- Knee Injuries – Severe (i) – £85,100 to £117,410 – Disruption of the joint leading to osteoarthritis, prolonged treatment, gross ligamentous damage, and a considerable loss of function and pain.
- Knee Injuries – Severe (ii) – £63,610 to £85,100 – Fractures of the leg that reach the knee joint, limiting movement, causing continuous pain, and making claimant susceptible to osteoarthritis.
- Ankle Injuries – Very Severe – £61,090 to £85,070 – Includes transmalleolar fractures of the ankle with associated soft tissue damage that is extensive, leading to deformity and the potential for a below-knee amputation.
- Ankle Injuries – Severe – £38,210 to £61,090 – This bracket considers factors like whether there has been a failed arthrodesis, if there is osteoarthritis (or a risk of it), scarring that is unsightly, and impact on work.
- Wrist Injuries – (a) – £58,710 to £73,050 – Complete loss of function in the wrist.
- Wrist Injuries – (b) – £29,900 to £47,870 – Disability will be significant and permanent, but there will be some remaining movement that is useful.
- Shoulder Injuries – Severe – £23,430 to £58,610 – Usually connected to neck injuries and damage to the brachial plexus that causes significant disability.
Your public liability claim payout may also include special damages, which you can read about below.
What Factors Contribute To My Compensation Amount?
Compensation in a public accident claim will consider factors like the severity of your injuries, whether you now have a disability, and if your mental health was also affected. In addition, general damages may consider how your quality of life has been impacted (termed a ‘loss of amenity’).
In addition, you may be able to recover associated financial losses under a second head of claim called special damages. These damages can include:
- Loss of earnings stemming from missed work days. You could also claim for future lost earnings.
- Medical expenses, ranging from treatments and prescriptions to physiotherapy and occupational therapy.
- At-home care. This doesn’t have to be professional care, as loved ones can also be classed as carers.
- Transportation costs to get to medical appointments at hospitals or elsewhere.
- Therapy, counselling, or other mental health services if your accident led to psychological harm.
These and any other claimed for expenses need evidence. So, be sure to keep hold of documents like wage slips and receipts.
Interim Payments
You may also be eligible to apply for an interim payment if you have immediate costs related to your injuries. Interim payments aim to help cover emergency costs like medical bills or home adaptations.
These payments are deducted from your final compensation and paid out before the claim is settled. They are only possible if a defendant has admitted their liability, or there is a high likelihood that a claim will be won.
Do you have any questions about public liability compensation or interim payments? Our advisory team is on hand to provide answers 24/7.
What Is Classed As A Public Place?
Any setting in which the general public is permitted to access can be classified as a public place, even if a fee is charged to enter. These spaces can include:
- Roads, streets, and pavements
- Parks, beaches, and public squares
- Public buildings, such as museums and libraries
- Shops, stores, and supermarkets
- Gyms and sports centres
- Fairgrounds and playgrounds
- Cafés, restaurants, bars, pubs, and nightclubs
You can discuss the specifics of your accident and get a free case assessment by reaching out to our team of advisors.
Who Is Responsible For Public Place Accidents?
Anyone in control of a public place may be liable for accidents that happen in that space. Under the Occupiers’ Liability Act 1957, occupiers must take practical steps to ensure those visiting a public space are reasonably safe.
Any entity in control of a public space may be termed an occupier, including councils, restaurants, and supermarkets. Occupiers can meet their duty of care by taking measures like:
- Conducting inspections, performing regular maintenance, and making repairs where appropriate.
- Carrying out regular risk assessments to identify possible hazards.
- Using signage to warn the public of potential hazards, such as spills or low ceilings.
If you’d like to discuss public liability or your own experience, don’t hesitate to get in touch. We’re here to help, and an advisor is always on the line to answer your questions.
The Most Common Examples Of An Accident In A Public Place
Below, you will find examples of some common public place accidents and why they might lead to a compensation claim.
Slipping On Wet Floors
Occupiers may be liable for accidents involving slips on a wet floor if they leave spills unattended or don’t use signage to mark a hazard. For instance:
- A café fails to put up a wet floor sign after mopping the stairs near a toilet. While walking down the stairs, you slip and fall, leaving you with a broken leg.
Tripping Over Pavements
In addition to the duty of care set out by the OLA 1957, the Highways Act 1980 requires pavements and roads to be kept reasonably passable to traffic. In short, councils and authorities must ensure that highways are maintained in a condition that wouldn’t cause you danger when walking on them. For example:
- Your local council is informed that there are several loose pavement slabs outside a busy shopping centre. However, they fail to take action to repair the damage or seal it off. As a result, you trip on a slab and break your wrist after falling.
Falling Over Trip Hazards
Tripping hazards can include trailing wires, uneven surfaces, and objects left unattended in walkways. If an occupier fails to take reasonable steps like removing debris where appropriate, it may lead to an accident like:
- A refurbished shop reopens to the public without conducting any risk assessment to identify potential hazards. Subsequently, you trip over a loose wire that wasn’t fitted properly and twist your ankle as you land.
Hit By Falling Objects
Falling objects can lead to potentially serious injuries. Occupiers may be at fault if they fail to meet their duty of care, such as by not properly securing shelving or leaving a ceiling in a serious state of disrepair. You might be able to claim if:
- A supermarket doesn’t perform regular inspections on its shelving and fails to train its employees on how to safely stack items. Due to these failures, items on the top shelf fall onto you after it gives way, leaving you with a serious concussion.
Slipping On Ice
Alongside the duty of care laid out by the OLA 1957, Section 41a of the Highways Act 1980 requires councils to ensure that snow or ice doesn’t endanger the safe passage of roads and pavements, as is ‘reasonably practicable.’
If an occupier breaches their duty of care, it could lead to a scenario like the following:
- While walking to work, you slip on a busy pavement in town that hasn’t been gritted despite the council having sufficient warning of hazardous weather. You slip on a large patch of ice and land on your back, causing a severe joint dislocation that seriously impairs your mobility.
Please don’t hesitate to get in touch with our advisory team, even if your specific experience isn’t listed here. You may still be able to make a personal injury claim if you meet the eligibility criteria we talked about earlier.
How To Prove A Claim After A Public Place Accident
You’ll need evidence showing how someone else was at fault for your accident and injuries. For public liability claims, the following kinds of evidence are beneficial:
- CCTV footage, which may show the accident and how it happened.
- Photos and/or videos of your injuries and the scene of where your accident occurred.
- Medical records showing the extent of your injuries, what treatment you’ve received, and how your quality of life has been affected.
- Contact details of any witnesses. This information can be passed on to a solicitor, who can collect statements to support your claim.
This list isn’t exhaustive, and you don’t have to collect proof by yourself. If you work with a specialist personal injury solicitor from Advice, they can help to obtain evidence for your case.
Time Limits
Per the Limitation Act 1980, you usually have 3 years to start a claim for personal injury compensation. However, there are exceptions to this rule when a claimant is a minor or mentally incapacitated, as neither group can claim on their own.
In either case, time limits are put on hold. While this pause is in effect, someone else can act as a litigation friend to help them make a claim. Otherwise, the standard 3 years will apply if:
- A minor turns 18, giving them until their 21st birthday to claim.
- Mental capacity is regained. If that happens, the 3 years will run down from whenever the capacity returns.
Contact our advisors if you want to know more about the time limit or the types of evidence to collect.
Can I Make A No Win No Fee Public Accident Claim?
Yes, you can make a No Win No Fee claim so long as you meet the eligibility criteria we talked about earlier in this guide. If you have a valid claim, you could seek compensation with support from our specialist public liability solicitors via a Conditional Fee Agreement. A CFA helps claimants pursue compensation without the worry of escalating solicitor fees, meaning:
- You don’t pay any solicitor fees to start a claim
- There are no hidden or extra fees for your solicitor as the claim progresses
- No solicitor fees at all if you don’t win compensation
If your claim wins, you’ll pay a success fee to your solicitor. This fee is payment for your solicitor’s work and comes out of your compensation. However, the percentage taken is capped at 25%, so you can be assured that you keep the bulk of compensation.
Contact Our Solicitors
Our advisors are with you every step of the way. To find out if you can make a claim for compensation, please:
- Call via 0161 509 2856
- Choose to fill in our contact form.
- Click on the live chat box.
Learn More
For further information on public liability claims, you can read the following guides:
- See more examples of public liability claims.
- Find out about pothole claims.
- Read our FAQ about gym machine malfunction claims.
Some external resources:
- When to go to A&E.
- Discover if you are eligible for Statutory Sick Pay (SSP).
- Find out when it’s time to call 999.
Reach out today to see if you are eligible to make an accident in a public place claim.
