What Is A Claim For A Personal Injury On Private Property?

When you are on private property, you are under the duty of care of the controller of the property. This duty of care means that the owner of the property has a responsibility to make sure that the property is safe to use, with reasonable steps taken. However, suffering a personal injury on private property doesn’t always mean the controller of the property is liable.

personal injury on private property

This guide explores the circumstances under which you could be able to make a personal injury claim.

A duty of care applies in both private properties that are controlled by a business that is accessible to the public and to private property controlled by an individual, such as a private residence.

If you have suffered an injury while on private property and it wasn’t your fault, you could be entitled to claim compensation.

Our advisors can provide you with free legal advice. In addition, if you have a solid claim, they could connect you with our panel of personal injury solicitors.

Our advisors are available 24/7 and you’ll be under no obligation to proceed with the services of our panel of lawyers. Therefore, why not get in touch with us in the following ways?:

  • Contact us through our website so we can get back to you.
  • Call 0161 696 9685
  • Send a message through our pop-up chat

Select A Section

  1. A Guide On Claiming For A Personal Injury On Private Property
  2. Calculating Compensation For A Personal Injury On Private Property
  3. Types Of Damages
  4. What Is A Personal Injury On Private Property?
  5. Who Is Liable For Personal Injuries On Private Property?
  6. Health And Safety Legislation For Commercial Properties
  7. The Role Of The Occupiers’ Liability Act 1957
  8. What Are Your Rights If Injured On Private Property?
  9. Personal Injuries On Private Residential Property
  10. Personal Injuries On Private Commercial Property
  11. Slips, Trips, And Falls On Private Property
  12. Talk To Us
  13. Related Guides
  14. Personal Injury Claim Statistics
  15. FAQs People Also Ask

A Guide On Claiming For A Personal Injury On Private Property

We have put this guide together so that you can feel more informed and prepared about making a personal injury claim if you have been injured in an accident on private property.

We aim to help you to understand your situation and your different potential options moving forward. To do this, we explain the laws regarding people’s safety when on private property so that you can understand better whether or not you could have grounds for making a compensation claim.

There are also aspects of the workings of a personal injury claim that we explore. This includes the process of working out the worth of your compensation. In addition, we answer some frequently asked questions.

Reading through this guide is just the start. So if you want to get started on a claim, or if you just want a friendly chat with an expert in personal injury claims law, you can use the contact details provided to speak to our team.

Calculating Compensation For A Personal Injury On Private Property

You could claim compensation for the harm you have suffered. This compensation is calculated to reflect the degree of harm that you have experienced. One aspect of this is to cover the physical and psychological harm to your health. This type of compensation is general damages.

To find out the worth of this compensation, you would need to undergo a medical assessment as part of the claims process. An independent medical professional would assess your injuries and create a report. Your solicitor could use this report to aid them in valuing your injuries.

The purpose of the assessment is to:

  1. Prove that the injuries were caused or worsened because of the accident that wasn’t your fault.
  2.  Assess the severity of the injuries.

The solicitor may also use the Judicial College Guidelines (JCG) to help their valuation. You can see what these guidelines recommend for certain types of injuries in the compensation table below.

The below compensation table is not intended to give you a final figure for your claim. Rather, it is intended to demonstrate what could be awarded for the medical harm aspect of a compensation claim.

InjuryCompensation
Severe leg injury (i)£90,320 to £127,530
Less serious leg injury (i)£16,860 to £26,050
Severe knee injury (i)£65,440 to £90,290
Moderate knee injury (i)£13,920 to £24,580
Very severe ankle injury (a)£46,980 to £65,420
Moderate ankle injury (c)£12,900 to £24,950
Serious Achilles tendon injury (b)£23,460 to £28,240
Minor Achilles tendon injury (d)£6,820 to £11,820
Amputation of one foot (b)£78,800 to £102,890
Amputation of both feet (a)£158,970 to £189,110

If you can’t see your injury in the compensation table above, reach out to us. Our advisors could give you a free, accurate estimate of how your claim could be valued.

Types Of Damages

In addition to the harm caused to your physical health by an injury, and the harm caused to your mental health, you could also suffer a monetary fallout. An injury could cost you money in a number of different ways. This could involve:

  • Losing earnings from having to take unpaid sick leave
  • Missing out on bonuses such as attendance rewards
  • Losing out on income from being unable to complete work contracts
  • Medical expenses such as prescription costs
  • Spending money on travelling for visits to the hospital
  • Having to cancel plans due to an injury and losing deposits i.e. cancelling holidays

Claiming back these losses and expenses can be an important part of your compensation claim. In order to do it, you will have to add up the total costs relating to your injuries and provide proof of them.

To prove financial losses, you can compile and present all the forms of documentation that you can. They could be in the form of wage slips, bank statements, invoices, receipts, and tickets, for example. If you cannot provide documentation to support a claim, you will struggle to receive it in compensation.

What Is A Personal Injury On Private Property?

When you visit a person on the property they control, by going to their residence, for example, you are often under their duty of care. When you go onto a business’s private property, by entering a shop or a restaurant, for example, you are generally are under that company’s duty of care. This means that that person or that company have an obligation to keep you safe from foreseeable harm.

In this guide, when we say ‘personal injury on private property’, we are referring to situations in which the company or the person that controls the property was responsible for the injury due to their negligence.

This includes situations where they could have reasonably done something to avert an accident that they should have reasonably foreseen.

Who Is Liable For Personal Injuries On Private Property?

If an accident has occurred on a property, then the controller of the property could be responsible for any injuries caused. The owner of the property could be a private individual, a business, or a municipal body like the local council.

In some cases, there may have to be some investigation on your part or on a solicitor’s part in order to determine who controls the land. Alternatively, different parties may contest the ownership of the land or property.

Under the Occupiers’ Liability Act 1957, those in control of places that are accessible to the public should take reasonable measures to ensure they’re safe. This can include removing hazards or reducing them by having warning signs in place.

Because of the Occupiers’ Liability Act 1984, in some cases, the duty of care owed by a property controller could extend to those trespassing on the property.

There could also be some cases where other parties, including the victim, could be found to bear some of the responsibility for causing the accident or injury. You could still potentially claim if you’re partially responsible for your injuries.

However, if you are found to be responsible for your own injuries, you might not be able to claim. For example, if you ignored clear, visible hazard signs and continued onto the premises regardless, you could be seen as at fault for any resulting injuries.

Health And Safety Legislation For Commercial Properties

When a business rents a property, in certain circumstances, that business can assume many of the responsibilities for health and safety on that property, even though they are not the owners. The responsibilities can include:

  • Removing hazardous obstructions from outside of the fire doors
  • Handling electrical and gas safely
  • Ensuring that they don’t obstruct lighting and ventilation
  • Providing safe equipment to be used on the site
  • Fire safety
  • Managing asbestos
  • Gas safety
  • Electrical equipment safety

When a business vacates the site, it may also have a responsibility to ensure that any necessary repairs are carried out in order to restore the property to its original condition. These are known as dilapidations.

The Role Of The Occupiers’ Liability Act 1957

The Occupiers’ Liability Act 1957 is one of the key pieces of legislation outlining the responsibilities of a property controller when it comes to health and safety. This law stipulates that the occupier of a property, in some cases this may mean a party or person renting a property, bears responsibility for ensuring the safety of visitors.

This, more specifically, means that an occupier of a property should make sure that those on the property can have a reasonable expectation of their safety. They should do this by taking reasonable steps to mitigate the risk of harm.

In some cases, this will mean removing safety hazards. In other cases, it can involve putting up visible, clear warning notices of hazards that cannot be reasonably removed from the environment.

What Are Your Rights If Injured On Private Property?

If you have been injured on private property, you could have the right to make a claim for personal injury compensation. However, you would only be able to do so if you weren’t fully responsible for your injuries.

For example, if you can prove the controller of the property failed to meet their obligations towards health and safety, which led to your injuries, you could claim.

It may also be possible to bring criminal charges against the persons responsible, depending on the exact circumstances under which the injury occurred.

Personal Injuries On Private Residential Property

Private residential properties are covered under the Occupiers’ Liability Act 1957, meaning that the controller of the property is responsible for ensuring the safety of any visitors from the risk of foreseeable and avoidable accidents while on their property. A homeowner could be liable for paying compensation to a guest if the guest is injured as a result of unsafe conditions in the residence.

If the residence is rented by the occupier from a landlord, then it will have to be determined whether the occupier or the owner is responsible based on the specific cause and circumstances of the accident that caused the injury.

Our advisors can provide answers for you if you are uncertain of whether or not the owner or occupier of the property is liable for a personal injury claim. They can give free legal advice about your personal injury on private property.

Personal Injuries On Private Commercial Property

Commercial property is usually used to describe buildings that house businesses. This may include:

  • Office spaces
  • High street shops
  • Factories
  • Restaurants

The controller of the property could be liable in certain circumstances. For example, if the private commercial property houses multiple offices for different businesses, the controller may operate communal spaces such as kitchens. If they’re aware that an appliance in the kitchen is faulty but fail to fix it, they could be liable for injuries it causes.

However, if the business using the property doesn’t protect the safety of visitors, they could be liable for injuries caused by their negligence in upholding their health and safety responsibilities. For example, if a person slips in a restaurant because a spillage was noticed but not attended to, the restaurant could be liable for injuries caused.

Slips, Trips, And Falls On Private Property

One important aspect of health and safety that is often easily overlooked is slips, trips, and falls. Slips, trips, and falls are among the most common causes of injuries at work. They’re also not uncommon in places that are accessible to the public.

Preventing slips, trips, and falls by removing the causes of such hazards, or putting up warning notices where the hazards are not immediately possible to remove, can help protect the safety of visitors.

If you were injured by slipping or tripping and falling over on a hazard that should have been removed or reduced, you could be entitled to make a claim for personal injury compensation.

Talk To Us

Our advisors are available 24/7. They give free legal advice and you’re not under any obligation to proceed with our panel of solicitors’ services. So why not reach out about your personal injury on private property?

  • Contact us through our site to let us get back to you
  • Call 0161 696 9685
  • Send a message through our pop-up chat for instant answers

Our panel of solicitors offer No Win No Fee agreements. If our advisors can see that you have grounds for a solid claim, they could connect you with them.

(No Win No Fee essentially means that if your case doesn’t win, you don’t have to pay the solicitor’s fee. In addition, you don’t have to pay any upfront solicitor fees to start the claim. And you don’t have to pay ongoing solicitor fees during the claim either.)

Related Guides

Here you can learn more about claiming compensation from your employer after having an accident at work.

How to claim for an accident at work

Here you can learn more about claiming compensation after suffering an injury in a road traffic accident.

Claims for car accident injuries

Here you can learn more about the time limits that affect making personal injury claims.

Is there a time limit on making personal injury claims?

Personal Injury Claim Statistics

In recent years, the number of personal injury claims being made has fallen. In 2013, there were 42,000 personal injury claims issued, but since then there has been a dramatic decrease. However, in 2019 there were under 27,000 personal injury claims issued.

The Ministry of Justice said this decrease is down to the Government’s attempts to tackle the costs involved in civil litigation.

Source: https://www.lawgazette.co.uk/news/personal-injury-claims-fall-again-to-eight-year-low/5103392.article

FAQs People Also Ask

Can you claim for an injury on private property?

If you have been hurt in an accident on private property and it wasn’t your fault, you could be entitled to claim compensation. If you’re unsure of who you would claim against, call our advisors for no-obligation, free legal advice.

Are you responsible if someone gets hurt on your property?

If someone gets hurt in an accident on your property, you could be held responsible if the injuries occurred because of your negligence. For example, if there were safety hazards that you reasonably could have addressed and prevented and someone was injured due to this, they could claim.

What happens if you have an accident on private land?

If you have an accident on private land, then you could have the right to make a compensation claim if your injuries weren’t your fault.

Can you sue someone if you are injured on their property?

You could sue someone if you can provide evidence that the cause of your injuries was negligence on the part of the property controller.

We hope this guide on claiming for a personal injury on private property has proved helpful. Why not call if you have unanswered questions?

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Published by HE