As you may be aware, if you are injured in an accident caused by a party that owes you a duty of care, you could be eligible to make a personal injury claim. If you’re injured on a business property due to the controller’s negligence you could be compensated by the property’s owner or occupier. Damages could be paid to cover any pain and suffering caused by your injuries. Additionally, your claim could include a special damages element to cover any costs or expenses that were incurred because of the injury.
Advice.co.uk could offer a no-obligation case review and give free legal advice on your options. If you would like to make a claim, we could pass it to a personal injury solicitor on our panel if it is accepted. All the solicitors on our panel operate on a No Win No Fee basis.
To start the claims process today, why not get in touch with our specialists on 0161 696 9685. If you would like to know more about how to seek compensation from a business, please continue reading.
Select A Section
- A Guide On Making A Claim If Injured On A Business Property
- Calculate Compensation If Injured On A Business Property
- Additional Damages Awarded
- What Is An Injury On A Business Property?
- What Is Meant By The Term ‘Duty Of Care’?
- Who Is Responsible For The Property?
- Who Owed You A Duty Of Care?
- Further Health And Safety Legislation
- Factors Which Could Be Considered During Compensation Claims
- Types Of Accidents And Injuries On A Business Property
- Make A No Win No Fee Claim If Injured On A Business Property
- Talk To An Expert
- More Resources
- FAQs On Accidents And Injuries On Business Property
A Guide On Making A Claim If Injured On A Business Property
Legislation is in place so that people in different environments are kept as safe as practically as possible. This includes customers, staff, contractors, couriers, visitors and anybody else who enters who is allowed into their property.
For that reason, companies need to reduce risks by assessing the property for dangers regularly. They should then take steps to reduce any risks that are identified. For example, a busy warehouse might cordon off areas to prevent customers from being put at risk from fast-moving fork-lift trucks.
In this article, we will look at where the responsibility lies if you’re injured on a business property. Who would be liable? Is it the building owner, the company that rents it or somebody else? We’ll also look at the amount of compensation that might be awarded for certain different injuries.
On its own, an accident doesn’t entitle you to claim compensation. You will also need to prove that it resulted in you being injured. Furthermore, you’ll need to abide by the relevant time limits. Generally, this is a 3-year time limit from the date the accident took place. There are exceptions to this rule. Call our claims team to find out more.
As we continue, we’ll provide more information on what the term ‘duty of care’ means and how it affects your eligibility to claim.
After you have finished reading, we are here to help if you have any questions. If you’re unsure who is liable for your accident, we could review your options with you. Where you don’t know if you have enough evidence to continue, we’ll check and let you know. Any advice that we offer is completely free whether you decide to make a claim or not. Therefore, why not call our team today?
Calculate Compensation If Injured On A Business Property
So, before considering why you could claim for injuries sustained on a business property, let’s discuss compensation amounts. The part of your claim that covers any pain, suffering and loss of amenity is called general damages. Our compensation calculator table provides examples of this compensation for some relevant injuries.
Whilst we have provided these figures, it’s important to note that claims vary from case to case. We could provide you with a more targeted estimate once you’ve let our team review your case for free.
The data in our table is derived from the Judicial College Guidelines. The JCG may be used by insurers and solicitors to lookup values of injuries.
|Injured Body Part||Severity||Range of Compensation||Additonal Notes|
|Face||Fractures||£13,970 to £22,470||Covers multiple or serious fractures that may cause permanent damage and require multiple operations.|
|Neck||Minor||£2,300 to £4,080||Covers minor soft tissue injuries of the neck where recovery is complete in less than a year and where surgery wasn't needed.|
|Back||Moderate||£11,730 to £26,050||Used for cases of ligament or muscle disturbance.|
|Arm||Simple||£6,190 to £18,020||Used in cases involving simple fractures of the forearm.|
|Clavicle||Fracture||£4,830 to £11,490||The amount awarded will be based on factors like the level of disability, residual pain and the extent of the fracture.|
|Leg||Amputation||£91,950 to £124,800||This award is used for below the knee amputations of a single leg.|
|Feet||Moderate||£12,900 to £23,460||Covers metatarsal fractures that may increase the risk of long-term osteoarthritis.|
The main factor that helps to set compensation is injury severity. To help demonstrate this, you may need to have a medical assessment during your claim. It will be conducted by an independent medical expert.
During your assessment, the expert will try to deduce how you have suffered. They will also consider future suffering too. This will be achieved by questioning you, examining your injuries and checking your medical records. Once they have completed the assessment, a report containing their findings and future prognosis will be provided.
Additional Damages Awarded
In addition to making a claim for your injuries, you might need to look at claiming for any money lost because of your injuries. This is known as a special damages claim. The idea is to return you to the same financial position that you were in before your accident. Importantly, special damages is not a penalty or fine, it is purely designed to return any money you’ve spent because of your injuries.
As with general damages claims, financial losses will vary in different cases. However, in your claim, you could look to recover:
- Travel costs. Where travelling to and from hospitals, GP surgeries or pharmacies is required because of your injuries, you could fork out for fuel cost, transport fares or parking fees. Therefore, you could add these to your claim.
- Medical expenses. This could be used to recover any money paid for prescriptions, non-NHS services or over-the-counter treatments.
- Care costs. Where you need support with daily activities during your recovery, you might need a partner, friend or family member to support you. If that’s the case, a cost for their time could be calculated and claimed back.
- Lost income. It is possible that any time off work for recovery or medical appointments could mean you lose income. As a result, you could be eligible to include this loss in your claim.
- Changes to your home. You may need to adapt your home (or vehicle) to help you cope with a disability caused by your accident. If that’s true, the cost of any changes could be claimed.
- Future income loss. Where your injuries are longer-term, and where they reduce your ability to work, you could claim for future loss of earnings.
What Is An Injury On A Business Property?
For the purposes of this guide, we are looking at accidents on a business property that result in somebody being injured. That might be an employee, a customer, contractor or visitor. In relation to seeking compensation, the accident would need to have resulted from the business’s negligence. Furthermore, you will need to show that you suffered injuries as a result of the accident.
We will provide some examples of accidents that could result in an injury claim later on. However, if you suspect that your injuries were caused by negligence, why not get in touch to discuss whether you’re eligible to claim?
What Is Meant By The Term ‘Duty Of Care’?
Duty of care is a term that’s often banded around, but what does it mean? Well, it’s a duty to protect the well-being of different entities. Who it applies to depends on which legislation is used.
In the Occupiers’ Liability Act 1957 section 2, it is explained that a building occupier has a common duty of care to all visitors. That means that they must try to keep visitors reasonably safe when using the premises. It does not actually state who the occupier is. But it will be a person or business in control of the environment. Of course, that doesn’t mean they have to watch over visitors for the whole time they are on the property. Instead, it means they should try to spot potential dangers during regular risk assessment and take steps to reduce them.
Who Is Responsible For The Property?
It is important to identify who is responsible for a property if you wish to seek compensation. That is because it’s not unusual for there to be a different property owner and occupier (landlord and tenant).
So, how can you identify who your claim should be against? Here are a few methods you could use:
- Look for any signage at the entrance of the property that identifies the business operator. In retail units, this will be quite easy. In other types of business, a plaque or sign may be present at the door with details of the limited company that’s operating the site.
- Ask members of staff to identify which company is running the establishment.
- Look at the land registry database. You can search online to identify who owns a particular piece of land.
If you are injured on a business property, you should report your accident where possible. By doing so, the company will record the incident in an accident report book. This could be helpful when claiming as it should identify the location, date and time of the accident. It will also help to clarify what injuries were reported at the time.
If you aren’t sure who is responsible for a property but believe you are entitled to compensation, please give us a call. Our advisors may be able to offer additional advice on deciding who your claim should be directed at.
Who Owed You A Duty Of Care?
Within the Occupiers Liability Act, an occupier is not actually defined. However, it generally means anybody that has some level of control over the premises. Importantly, premises can be defined as things other than buildings such as temporary structures, vehicles or even aircraft.
If you claim against a premises owner, they may claim that their tenant owed you a duty of care and vice versa. This is why you may wish to take on specialist legal representation. A personal injury lawyer could use their experience to determine who is liable for your injuries so that the claim is directed correctly.
Further Health And Safety Legislation
If you have suffered injuries on a business property, there are other pieces of legislation that might be used to form a basis for your claim. They could include:
- Health and Safety at Work Act 1974 – for employee injuries.
- Animals Act 1971 – if injured by an animal on the premises.
- The Occupiers Liability Act 1984 –extends the original act to covers the duty of an occupier towards trespassers.
Importantly, if you work with a lawyer, you won’t need to concern yourself with which legislation is needed. Instead, they’ll use their legal training to determine the laws that are relevant in your case.
Factors Which Could Be Considered During Compensation Claims
As already mentioned, occupiers should take reasonable steps to reduce risks to visitors. Where damages are sought for injuries on a business property, some of the factors that will be considered include:
- Was the occupier or owner aware of the hazard?
- What amount of money would it have cost to remove the danger?
- What steps were taken to reduce the risk?
- How old the injured party was (as the legislation says children should be considered less careful).
To support a claim, you could collect evidence to show how the accident happened. This could include:
- CCTV footage.
- Photographs of the accident scene. Where possible, this should include the cause of your accident before it has been repaired or removed.
- Witness statements.
- Accident report forms.
Types Of Accidents And Injuries On A Business Property
There are many different types of accidents that could take place on a business property. There are too many to show here but they could include:
- Tripping over damaged flooring.
- Damaged or broken furniture accidents.
- Escalator or lift accidents.
- Tripping over cables trailed across walkways.
- Items falling from height and striking you.
Remember, though, just because an accident has happened doesn’t automatically mean you’ll be compensated. You would also need to prove that the accident led to an injury. These could include:
- Back injuries.
- Broken or fractured bones.
- Cuts and abrasions.
- Concussion and other head injuries.
- Burns and scalds.
- Ligament or soft tissue damage.
- Neck injuries.
Also even if you have had an accident that leads to an injury you must be able to prove negligence. If you would like to check whether you might be entitled to make a personal injury claim, why not speak with us today? We provide claim reviews without obligation as well as free legal advice. Where a claim appears suitable, we could connect you with a solicitor. If they’re happy to represent you, they will work on your case on a No Win No Fee basis.
Make A No Win No Fee Claim If Injured On A Business Property
You are probably concerned about the amount of money a lawyer will cost, especially if your case fails. However, we can reduce that worry for you. That’s because we work with a panel of injury solicitors who work on a No Win No Fee basis. This means your financial risks are reduced but you’ll still be represented by a legal specialist.
Before a solicitor can take you on as a client, they will need to check if your case has a reasonable chance of success. If they are willing to work for you, your solicitor will be funded by a Conditional Fee Agreement (CFA). Within the CFA, you will see what your solicitor must do before they get paid. Furthermore, the CFA will show that:
- Advance payments to cover your solicitor’s work are not required.
- Your solicitor won’t bill you while processing your claim.
- If the claim does not succeed, you don’t need to pay the solicitor’s fees at all.
Where a claim has a positive outcome, you’ll pay your solicitor a success fee. This is shown in the CFA as a fixed percentage of your compensation. That means you’ll know about the fee before signing the CFA. Also, by law, success fees are capped to prevent overcharging.
Talk To An Expert
Are you ready to seek damages because you’ve been injured on a business property? If so, Advice.co.uk can help. To reach out to our team, you can:
- Contact our advice line on 0161 696 9685 to discuss what happened.
- Request a call back by starting your claim online.
- Use our live chat service to find out more about claiming online.
When you contact us, we won’t bamboozle you with technical legal jargon. Instead, we’ll listen to what’s happened and offer clear advice on your options. If your case appears viable, we could connect it to a personal injury solicitor.
In this section, we have provided some links to resources that you might find useful. Please let us know if you require any further relevant information.
Find Out About A Company – You can use this government search to locate information about who runs a business.
Managing Risks At Work – A guide that shows what employers should do to reduce risks in the workplace.
Have I Broken A Bone? – NHS advice that you could follow to check if you’ve fractured a bone.
Employer Responsibilities – This article explains what your employer is responsible for in the event of a workplace injury.
Slip And Fall Compensation – Free legal advice on when you could claim for injuries caused by a fall.
Head Injury Claims – This article shows what types of injuries could result in a compensation claim.
FAQs On Accidents And Injuries On Business Property
In this final part of our guide, we are going to try to answer a few questions relating to business property accidents. If you have any more questions relating to claiming for such accidents, please call our team.
What happens if someone gets injured on your business property?
When an accident happens on your business property, for the injured party to seek damages they would need to prove that a) you owed them a duty of care; b) You were negligent in some way; c) as a result of the accident they were injured or made ill.
Is a business liable if you fall on their property?
Businesses have a duty of care to protect the wellbeing of visitors to their property in accordance with the Occupiers’ Liability Act. As a result, you could sue a business if something they did or didn’t do, caused an accident to occur in which you were injured.
Can you sue a company if you fall on their property?
Should you fall on a company’s property, due to their negligence you could be entitled to sue them for damages. That might be the case if you were injured as a result of the accident. An authorised visitor to the property could claim for their injuries, costs incurred and any damage to personal property.
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