Learn When You Could Make A Public Liability Claim

By Cat Grayson. Last Updated 21st May 2024. Public liability claims might seem daunting, but they don’t have to be. In this guide, we’ll do our best to break down how and when you can make a compensation claim after being injured in a public place.

When you’re out in public, you are owed a duty of care. We’ll explain what this means and how it can affect your claim, and we’ll also discuss who could owe you a duty of care. Then, our guide will explore public liability insurance, and why public property owners should have it.

Our guide will also discuss compensation. Since every public liability compensation claim is unique, we can’t offer an exact amount; however, we can go into further detail on what kinds of compensation you could receive, and how each kind is calculated.

Finally, our guide will touch on how a No Win No Fee solicitor could help you make a public liability claim. While working with a solicitor isn’t mandatory, it can make the claims process feel less stressful, and in some cases, can come with financial benefits.

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Our team of advisors are here to help. We’ll try and answer any questions you might have about the claims process through our guide, but if you’d rather talk to a member of our team, you can get in touch by:

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What Is A Public Liability Claim?

Under the Occupiers’ Liability Act 1957,  the occupier of a space that the public has access to owes the people that use that space for its intended purpose a duty of care. In other words, the occupier is responsible for ensuring the space is reasonably safe and hygienic for the public.

Should an occupier fail in its legal duty to comply with the above legislation, they can be liable if a member of the public is harmed due to any lapses in health and safety. So organisations are strongly advised to have public liability insurance.

To have a valid public liability claim, you must satisfy the following criteria:

  • The occupier owed you a duty of care at the time and place of your accident.
  • However, they breached this duty of care,
  • The breach caused an accident in which you were injured.

Call our advisors now to find out if you could make a public liability claim after suffering a personal injury. They can go through with you what has happened and can tell you if you could be eligible to make a personal injury claim.

What Does Public Liability Insurance Cover?

All insurance policies are different. Organisations can take out public liability insurance to cover them should damage or injury be caused on their premises due to negligence. You may wonder what public liability insurance covers. Organisations purchase public liability insurance to cover the cost of compensation for:

  • Damage to property
  • Personal injuries
  • Fatal accidents

Our advisors can evaluate your case for you today for free. They can also provide you with free legal advice should you need it.

Is There A Time Limit For A Public Liability Claim?

Under the Limitation Act 1980, personal injury claims have a time limit. The time limit to begin a personal injury claim is normally three years. However, there are exceptions to this rule.

For example, children under 18 can not claim compensation for themselves. So, the child can wait until their 18th birthday to claim compensation. After which they will have three years to claim. Or a trusted court-appointed adult can act as a litigation friend and claim compensation for the child on their behalf. Also, those who lack the mental capabilities to claim themselves can also use a litigation friend.

The personal injury claims limitation period begins on:

  1. The date of your accident
  2. The date of knowledge, i.e. the date you become aware of negligence.
  3. Or an exception applies.

Call our advisors now to find out what limitation period applies to your public liability claim.

What Accidents Could You Claim For?

Injured parties may claim against the party responsible for their accident. When claiming for an accident in the street or a public park, your claim may be against your local authority. Likewise, you may claim against business owners for an accident on business premises, like a supermarket or a coffee shop.

Let’s look at some examples of public liability claims injured parties can make:

To claim for public liability compensation, please get in contact with Advice today.

Examples Of Public Liability Claim Settlements

If you make a successful public liability personal injury claim, you can receive up to two heads of loss. These are:

  • General damages payment to compensate you for the physical and mental harm you suffered.
  • Special damages payment to reimburse you for any unavoidable costs your injuries caused. For example, if your injuries caused a disability, you can claim compensation for purchasing mobility equipment.

The table below lists injuries and their guideline allocated bracket amount. We used 16th-edition guidelines from the Judicial College (2022) for the brackets in the table. Solicitors use the guidelines to value personal injury claims. However, the outcome of every claim is different, so if your claim succeeds, your compensation payment may differ.

Injury And SeverityDescriptionCompensation
Multiple Serious Injuries And Special DamagesMultiple injuries of a serious nature combined with financial losses, such as lost earnings.Up to £500,000+
Severe Leg Injury (b) (i)These are the most severe forms of leg injury short of amputation. Injuries can lead to extensive degloving of the leg or where fractures have not united and bone grafting is needed. £117,460 to £1365,860
Severe Leg Injury (b) (iii)Serious injuries to the leg such as compound fractures or comminuted fractures. The injury will require a long period without bearing any weight.£47,840 to £66,920
Arm Injuries (a)Severe arm injuries which fall short of amputations.£117,360 to £133,810
Injuries to the Elbow (a)An elbow injury which is severe and disabling.£47,810 to £66,920
Hand Injuries (b)Injuries which could cause serious loss of function and cosmetic disabilities£68,070 to £103,200
Ankle Injury - Severe (b)Ankle injuries which require extensive periods of treatment and which prevent the person walking as before.£38,210 to £61,090
Shoulder Injuries - Severe (a)May be associated with neck injuries and could have left the person with a severe disability.£23,430 to £58,610
Wrist Injury (b)The wrist injury leaves the person with disabilities which are significant and permanent.£29,900 to £47,810
Hand Injuries - Severe Finger Fractures (f)Disturbed sensation, loss of grip and mechanical function. The injury could lead to a partial amputation.Up to £44,480

Alternatively, you can call Advice’s helpline today. An advisor can speak to you in-depth about your accident and injuries. Based on this information, the advisor can value your claim. Please note the table includes general damages but does not include special damages compensation you can receive.

Begin Your Compensation Claim Today

After reading this guide, if you want to pursue a compensation claim, please get in touch with Advice.co.uk today. A claims specialist can speak to you and assess your case. If they can see that you are eligible to claim, a solicitor from our panel could offer to begin work on your claim.

Generally, the solicitors on our panel work on a No Win No Fee basis. You may find this option makes hiring legal representation more accessible because you won’t pay an upfront solicitors fee. What’s more, if your claim fails, you do not have to pay for the service the solicitor has provided. Instead, you pay a capped success fee on the condition that you receive compensation for your injuries.

Please get in touch with Advice.co.uk today to see if you can claim:

  • Phone our helpline on 0161 696 9685. An advisor can answer your questions
  • Contact us via our website
  • Or use our Support widget to ask any questions you might have about claiming.

Learn More About Making A Public Liability Claim

We appreciate you taking the time to read our guide on making a public liability claim.

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