This guide provides examples of public liability claims. It also looks at when you could be eligible to seek compensation for injuries sustained in an accident in a public place, the time limit for starting legal proceedings, and the evidence you could gather to strengthen your case.
There are different ways an accident in a public place could occur. In some instances, an accident could result from an occupier breaching the duty of care they owe.
We will explore the legislation that outlines an occupier’s responsibilities in more detail throughout our guide, as well as provide examples of accidents and subsequent injuries that could occur if they fail to adhere to the legislation.
Furthermore, we look at how personal injury settlements are calculated and the two heads of loss they could consist of.
Lastly, we will discuss the potential advantages to working with a solicitor on our panel. They offer their services, such as assistance gathering evidence and valuing your case, in a No Win No Fee capacity which can mean you don’t have to pay upfront or continuing fees for their work.
For more information on your potential claim, please contact an advisor. They can offer free guidance and answer any questions you may have after reading. To learn more, you can:
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- Eligibility Criteria For Personal Injury Claims
- Examples Of Public Liability Claims
- Potential Compensation From A Public Liability Claim
- What Evidence Can Help You Prove Liability?
- Personal Injury Claim Solicitors Could Help You Claim On A No Win No Fee Basis
- More Examples Of Public Liability Claims
In order to be eligible to make a public liability claim, you need to prove:
- You were owed a duty of care.
- This duty of care was breached.
- You experienced harm as a result.
The Occupiers’ Liability Act 1957 explains an occupier’s duty of care to take steps to ensure the reasonable safety of those visiting the space for its intended purpose. There are different steps they could take to uphold this duty, such as performing regular risk assessments, and addressing any hazards found in a reasonable time frame.
If you have evidence that the duty of care you were owed was breached, you could be eligible to pursue a claim for a personal injury.
Is There A Time Limit When Claiming For A Public Place Accident?
In addition to adhering to the eligibility criteria listed above, you also need to ensure you start your claim within the limitation period. The time limit for a public liability claim is generally three years, starting from the accident date. However, exceptions can apply in some situations.
For more information on the eligibility criteria, time limits and any exceptions that could apply to your specific case, please contact an advisor on the number above. They can also offer examples of when public liability claims could be eligible.
There are various ways an accident in a public place could occur and lead to an injury being sustained due to an occupier breaching the duty of care they owe. For example:
- Slips, trips, and falls could occur in different ways. For example, there may have been a failure to display a wet floor sign to make customers aware of a spillage in a supermarket aisle. This could lead to a customer slipping and sustaining a broken wrist and head injury.
- A member of the public could be hit in the head by a sharp object if, for example, a shop sign that was fitted incorrectly fell after reports about the safety of the sign had been ignored.
- Broken or faulty equipment in a gym that was reported but not fixed in a timely manner could lead to a customer sustaining a crushed arm injury.
Please note, these are not necessarily examples of public liability claims that meet the relevant eligibility criteria. They are included to provide an idea of how public place accidents leading to injury could occur.
To discuss your specific case and find out whether you’re eligible to seek personal injury compensation, please contact an advisor on the number above.
The potential settlement you may receive if your personal injury claim is successful can include up to two heads of loss. These are called general and special damages.
General damages compensate for the pain and suffering you have experienced because of your injuries.
The documents that can help solicitors value general damages include medical evidence and the Judicial College Guidelines (JCG). The JCG contains guideline compensation brackets that correlate to different types of injuries. We have included some of these in the table below, but you should only use them as a guide. Each personal injury settlement is calculated based on the unique circumstances of the case.
|Head||Very Severe (a)||£282,010 to £403,990||The requirement for full-time care.|
|Back||Severe (a) (i)||£91,090 to £160,980||Spinal cord and nerve root damage causing very serious consequences.|
|Moderate (b) (ii)||£12,510 to £27,760||Injuries such as disturbance of ligaments as well as muscles giving rise to backache.|
|Leg||Severe (b) (i)||£96,250 to £135,920||Injuries that don't involve amputation but are awarded damages at a similar level due to the severity. For example, fractures that haven't united and then needed extensive bone grafting.|
|Severe (b) (iv)||£27,760 to £39,200||Injuries such as complicated, multiple fractures or severe crushing injuries, usually affecting one limb.|
|Neck||Severe (a) (ii)||£65,740 to £130,930||Injuries usually involving serious fractures or damage to discs in the cervical spine.|
|Moderate (b) (i)||£24,990 to £38,490||Injuries such as fractures or dislocations which may necessitate spinal fusion and cause immediate symptoms.|
|Arm||Permanent and Substantial Disability (b)||£39,170 to £59,860||Serious fractures of one or both forearms causing a significant and permanent disability. This may be functional or cosmetic.|
|Simple (d)||£6,610 to £19,200||Forearm fracture.|
|Wrist||Significant And Permanent Disability (b)||£24,500 to £39,170||Some useful movement remains.|
Claiming Financial Losses In Personal Injury Claims
You can claim back your past and future financial losses incurred from your injury under special damages. Here are the types of expenses you can potentially claim back:
- Medical costs, e.g. prescriptions.
- Care costs, e.g. babysitting cover.
- Lost earnings.
- Travel expenses.
- The cost of necessary renovations to your home, e.g. adding a stair lift or implementing a ramp.
Evidence in the form of payslips, receipts and invoices, as well as travel tickets can help prove any monetary losses.
To discuss examples of public liability claims payouts, please contact an advisor on the number above.
There are several pieces of evidence that could help support your claim by proving that the duty of care owed to you was breached, and that this caused you to sustain harm as a result. For example:
- CCTV footage of the accident.
- Photographs of the accident and your injury.
- A diary detailing your treatment and symptoms.
- The contact details of witnesses.
- Copies of your medical records.
The public liability solicitors on our panel could assist you in gathering evidence and building your case as part of the services they offer. If you would like to find out whether you’re eligible to work with them, please contact an advisor on the number above.
If you are eligible to proceed with your public liability claim, one of the solicitors from our panel could propose a Conditional Fee Agreement (CFA), which is one particular kind of No Win No Fee contract.
The terms of this contract generally stipulate that no fees are required for the solicitor’s work upfront, during the claims process, or if you are unsuccessful with your claim.
After a successful claim, your solicitor can take a fee from your compensation. The percentage they take as this fee has a legal cap ensuring you keep the majority of your awarded settlement.
If you have any questions about the information provided in our guide, please contact an advisor. They can discuss examples of when public liability claims could be eligible.
Additionally, if you are interested in working with a No Win No Fee solicitor from our panel, they can assess if you have valid grounds to proceed with your case. If you do, they could connect you with a solicitor.
To get in touch, you can:
You can find more of our guides below:
- A helpful guide on when you could be eligible to make a manhole cover or drain accident claim.
- Information on the process of claiming compensation for a burn injury.
- Guidance on when you could claim for a door injury in a public place accident.
Also, we have included some external resources:
- NHS – When to call 111.
- GOV.UK – Statutory Sick Pay.
- Royal Society for the Prevention of Accidents – Fall prevention.
Thank you for reading our guide on examples of public liability claims and when you could be eligible to seek compensation. If you require any further information, call an advisor on the number above.
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