This guide will provide insight into whether you may be eligible to claim personal injury compensation after an accident in a garden. Who may be liable for your injuries will depend on who breached the duty of care that they owed to you at the time and location of your accident. If you were working as a gardener when you were injured, your employer may have owed you a duty of care. Alternatively, you may have been in a public garden where the party responsible for the space owed you a duty of care.
Accident in a garden claims guide
As we move through this article, we will explain the eligibility requirements your case must meet for you to have grounds to make a successful personal injury claim. Additionally, we will explain the evidence you could use to support this claim and prove negligence.
Furthermore, we will discuss the two different types of damages you could receive to compensate you for how you were harmed by your injuries. Lastly, we will explain the potential benefits of claiming with a solicitor and what it would mean to use their services under a No Win No Fee agreement.
Please continue reading to learn more. You can also speak to a member of our team to discuss your potential personal injury claim for no cost. Our friendly advisors are available 24/7 to provide you with a consultation at a time that best fits your schedule.
You can:
- Call a member of our team on 0161 696 9685
- Contact us by entering your details into our online form
- Use the live chat feature on your screen
Select A Section
- Advice On Claiming For An Accident In A Garden
- Why May An Accident In A Garden Occur?
- What Evidence Do You Need For A Personal Injury Claim?
- Potential Payouts For An Accident In A Garden
- Contact Our Team For Advice On No Win No Fee Garden Accident Claims
- Learn More About Claiming For An Accident In A Garden
Advice On Claiming For An Accident In A Garden
All successful personal injury claims must meet certain criteria. A third party must have owed you a duty of care, which they breached, and as a consequence of them breaching their duty of care, you must have been injured in order to claim. These injuries can range in severity and may affect you mentally, physically or both.
However, it is important to consider that not every accident in a garden will lead to a compensation claim. Therefore, it is important to determine whether the duty of care owed to you was breached. In the following sections, we will outline different parties that may have owed you a duty of care at the time and location of your accident.
Accidents In A Garden At Work
If you were working as a gardener, you may have sustained injuries in an accident in a garden whilst carrying out your duties. Your employer could be liable for these injuries as they owe you a duty of care as their employee.
The duty of care that they owe is outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). This states that employers must take reasonably practicable steps to protect the health, safety and welfare of their employees.
Therefore, your employer should carry out the following measures as part of their duty of care:
- Ensure gardening equipment is maintained and repaired within the suitable time frame.
- Provide proper training in the workplace.
- Provide suitable personal protective equipment (PPE) where it is necessary to protect against a hazard that an employee is exposed to at work.
Accidents In Public Gardens
If you had an accident in a public garden where you sustained injuries, the party responsible for the public space may be liable, as they owe you a duty of care under the Occupiers’ Liability Act 1957 (OLA). This states that they must ensure the reasonable safety of the public vising their space for the intended purpose.
Some of the measures the party in charge of a public space must carry out include:
- Performing risk assessments.
- Ensuring that any hazards are marked with clear signage.
- Carrying out maintenance and repairs within a suitable time frame.
If you have been injured in an accident in a garden for which a third party was liable, you may be eligible to bring forward a claim. Please contact one of our advisors today to learn more.
Why May An Accident In A Garden Occur?
Various causes could lead to an accident in a garden, whether you are working as a gardener or you are a member of the public. For example:
- A bench is defective due to a lack of maintenance. This creates sharp edges that present the risk of cuts and lacerations.
- Unmarked hazards such as a high step or loose paving stone could cause a slip, trip and fall in a garden.
- Faulty gardening equipment could malfunction and cause an accident.
If you have been involved in an accident at work or in a public place and would like to enquire whether you meet the eligibility requirements to bring forward a claim, please don’t hesitate to speak to a member of our team.
What Evidence Do You Need For A Personal Injury Claim?
If you have suffered due to negligence and want to seek personal injury compensation, it is important that you can provide evidence to support your claim. This evidence may consist of the following:
- A report from an accident at work book
- CCTV footage
- Photographs
- Contact details of any witnesses to your accident
- A diary detailing your symptoms and any treatment provided
- A copy of your medical records
You may wonder, ‘how do I begin gathering evidence to strengthen my claim?’ If you choose to use the services of a personal injury solicitor, they can help you to obtain relevant evidence and put forward your case. Please contact a member of our team to make any enquiries regarding the evidence you could provide. Also, our team have access to a panel of specialist solicitors.
Potential Payouts For An Accident In A Garden
A successful personal injury claim made following an accident in a garden can receive up to two types of damages:
- Special damages – accounting for financial losses resulting from your injuries. This may include expenses arising due to care, travel, housing adaptations and loss of earnings. It is important to note that you will need to retain evidence to prove these losses, such as travel tickets, invoices and payslips.
- General damages – accounting for the pain and suffering caused by your injuries. This can also account for any mental harm.
To aid them in the process of valuing the general damages head of a claim, personal injury solicitors can use the Judicial College Guidelines (JCG). Therefore, we have also used this document to make the following table as a guide to compensation brackets for different injuries.
Table of Guideline Compensation Brackets
| Type of Injury | Severity | Notes | Compensation Bracket Guidelines |
|---|---|---|---|
| Injuries Affecting Sight | Blindness (b) | Complete blindness. | In the region of £268,720 |
| Brain Damage | Moderate (c)(i) | There will be an effect on the person's senses along with a significant risk of epilepsy, a personality change, a moderate to severe intellectual deficit and no prospect that they will be employed. | £150,110 to £219,070 |
| Brain Damage | Less Severe (d) | The person makes a good recovery. They can participate in normal social life and make a return to work. | £15,320 to £43,060 |
| Hand Injury | Total or Effective Loss of One Hand (c) | All fingers and most of the palm are traumatically amputated, or the hand was crushed and surgically amputated. | £96,160 to £109,650 |
| Hand Injury | Moderate (h) | Penetrating wounds, deep lacerations, soft tissue type and crush injuries. | £5,720 to £13,280 |
| Wrist Injury | Loss of Function (a) | An injury that causes total loss of wrist function, such as where an arthrodesis has been performed. | £47,620 to £59,860 |
| Wrist Injury | Less Severe (c) | Injuries that result in some permanent disability, such as a level of persisting stiffness and pain. | £12,590 to £24,500 |
| Arm Injury | Injuries Leading to Permanent Substantial Disablement (b) | One or both forearms will be seriously fractured, and there will be significant permanent residual disability, which will be either cosmetic or functional. | £39,170 to £59,860 |
| Leg Injury | Less Serious (c)(i) | The person has fractures from which they make an incomplete recovery or serious soft tissue injuries. | £17,960 to £27,760 |
| Ankle Injury | Moderate (c) | Injuries such as fractures or ligamentous tears that give rise to disabilities of a less serious nature, for example, difficulty with walking on uneven surfaces. | £13,740 to £26,590 |
The brackets provided in this table are a guide.
Contact Our Team For Advice On No Win No Fee Garden Accident Claims
Contact our team today to discuss your potential claim. They can provide you with information on using the services of a solicitor under a No Win No Fee agreement. Should they find your case meets the eligibility requirements, they could connect you with a No Win No Fee solicitor from our panel.
A Conditional Fee Agreement (CFA) is one type of arrangement falling under the term No Win No Fee agreements. This typically means the following:
- You will not be required to pay upfront or throughout your ongoing claim for the services your solicitor provides.
- If your claim is unsuccessful, you will not be required to pay for your solicitor’s services.
- If your claim is successful, the solicitor working on your claim under a CFA can deduct a small percentage of the compensation. The legislation regarding CFAs caps this success fee.
Contact Us
Speak to one of our advisors today to learn whether you may have a legitimate personal injury claim following an accident in a garden.
You can:
- Call a member of our team on 0161 696 9685
- Contact us by entering your details into our online form
- Use the live chat feature on your screen
Learn More About Claiming For An Accident In A Garden
Take a look at more of the guides from our website for further learning:
- A Public Liability Claim Guide
- Is There A Time Limit On Personal Injury Claims?
- Do You Need A Solicitor For A Personal Injury Claim?
Additionally, explore these external sources:
- Providing and using work equipment safely – The Health and Safety Executive (HSE)
- NHS – First aid
- GOV.UK – Statutory Sick Pay (SSP)
Thank you for reading this guide on when you may be eligible to claim personal injury compensation following an accident in a garden.
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