This is a guide on public liability claims against the council. It will discuss the eligibility requirements that need to be met in order for a personal injury claim to be valid, as well as the time limits that need to be adhered to when starting legal proceedings.
Additionally, it will look at the duty of care local councils owe, as well as some of the responsibilities they have. This guide also provides examples of how an accident could occur, and the subsequent injuries that could be sustained, if this duty of care is not upheld.
Later in this guide, we discuss personal injury payouts, including what they could be made up of, and how they are often calculated.
To conclude, we will discuss the benefits of working with one of the No Win No Fee solicitors from our panel and the services they could offer, such as help gathering evidence to strengthen your case.
Please continue reading to learn more about public liability claims. Otherwise, you can get in touch with our team through one of the following contact methods:
Select A Section
- Public Liability Claims Against The Council – When Are You Eligible To Seek Compensation?
- Examples Of Accidents And Injuries
- Potential Payouts In A Council Compensation Claim
- What Evidence Could Help You When Claiming Against The Council?
- Why Use No Win No Fee Solicitors To Claim Against The Council?
- Learn More About Making Public Liability Claims Against The Council
In order to have valid grounds to pursue a personal injury claim, you need to prove the following:
- A duty of care was owed to you.
- Their duty of care was breached.
- You suffered an injury as a result of this breach.
The party in control of a public place owes a duty to take steps to ensure the reasonable safety of those using the space for it’s intended purpose. This duty of care, which extends to local councils, is laid out in The Occupiers’ Liability Act 1957.
The responsibilities local councils have can vary, but may include fixing raised paving tiles, repairing potholes on roads that they have jurisdiction over, and addressing tree roots that are protruding from concrete.
If issues such as these have been reported to the local council, and they failed to address these or take any steps to reduce the risk of them posing an injury within a reasonable time frame, it could lead to an accident.
If this accident caused you harm, call our team to discuss whether you could be eligible to seek compensation. An advisor can provide specific guidance on public liability claims against the council.
There several ways an accident and subsequent injury could occur if the council failed to uphold their duty of care. For example:
- Injuries caused by faulty equipment. This can include a child sustaining a head injury when using a defective swing in a public playground that the council knew about but failed to address in a reasonable time frame.
- Slips, trips and falls caused by broken paving slabs that were reported to the council multiple times. This could cause someone a broken wrist or ankle injury.
To discuss your specific accident and find out whether you’re eligible to seek compensation for your injuries, please contact an advisor on the number above.
In successful public liability claims against the council, awarded payouts can be divided into two main heads of claim. These are special and general damages.
General damages compensate for the psychological and physical pain your injuries have caused you. The severity of your injuries, recovery time, loss of enjoyment, and impact on your well-being are all considered when valuing your injuries.
Personal injury solicitors may also use the Judicial College Guidelines (JCG) and medical records to help them calculate the value of general damages in your claim.
The JCG lists different types of injuries at different levels of severity. Whilst we have included some of these in the table below, these are only to be used as a guide.
|Injury||Severity||Compensation Bracket - Guidelines||Comments|
|Back||Severe (a) (i)||£91,090 to £160,980||Damage to the spinal cord and nerve roots which lead to very serious consequences.|
|Head||Moderate (c) (iii)||£43,060 to £90,720||Memory and concentration are affected and the ability to work is reduced with a small risk of epilepsy. However, any dependence on others is very limited.|
|Leg||Less Serious (c) (i)||£17,960 to £27,760||An incomplete recovery from fractures.|
|Ankle||Moderate (c)||£13,740 to £26,590||Fractures and ligament tears causing less serious disabilities.|
|Knee||Moderate (b) (i)||£14,840 to £26,190||Injuries that involve, for example, dislocation or torn cartilage, causing a mild future disability.|
|Wrist||Less Severe (c)||£12,590 to £24,500||Injuries resulting in a permanent disability, such as a degree of persisting pain and stiffness.|
|Arm||Simple (d)||£6,610 to £19,200||Fractures of the forearm that are simple in nature.|
|Foot||Modest (g)||Up to £13,740||This bracket covers cases of a simple metatarsal fracture with ongoing symptoms.|
|Hand||Moderate (h)||£5,720 to £13,280||Penetrating wounds, deep lacerations, and crush injuries are covered in this bracket.|
|Elbow||Moderate (c)||Up to £12,590||Simple fractures or lacerations, which lead to no permanent damage or function impairment.|
Special Damages After An Accident In A Public Place
Special damages compensate for the financial losses that you have incurred due to your injuries. For example, you could claim back the cost of:
- Loss of earnings.
- Travel costs to and from the hospital.
- Expenses for medical care.
- Costs for making adaptations to the home.
Evidence, such as payslips, travel tickets and invoices, can help prove any losses.
If you want a personalised estimate of how much you could be awarded following a successful claim, please speak with an advisor by calling the number above.
Evidence can help support public liability claims against the council as it can show a breach of duty occurred, and that this caused you to sustain harm. With that in mind, you might find it helpful to gather:
- CCTV footage of the incident.
- Photographs of the accident site and your injuries.
- A dated diary with your mental and physical symptoms recorded.
- Copies of medical records, including doctor notes.
- Contact information from any possible witnesses.
If needed, one of the solicitors from a panel may be able to help you collect evidence and build you claim, provided you have valid grounds to seek compensation. Get in touch with our advisors today if you wish to make a public liability claim with help from a solicitor.
Our panel of No Win No Fee solicitors may be able to offer you a Conditional Fee Agreement (CFA). A CFA is a contract that means that when your claim begins and while it is ongoing, you do not owe any costs to your solicitor for their services. This remains the same if your claim is found unsuccessful.
On the other hand, if you have a successful claim, your solicitor can take a percentage of your compensation as their success fee. However, this is legally capped ensuring you keep the majority of your settlement.
If you need any other guidance on public liability claims against the council, or would like to find out whether a solicitor from our panel could assist you in seeking compensation on a No Win No Fee basis, contact an advisor. To do so, you can:
You can find more of our helpful guides below:
- Find out about the time limit for public liability claims, and whether any exceptions could apply to your specific case.
- Learn about claiming for permanent scar compensation and how much you could receive if your case succeeds.
- See if you can make a claim for an accident at a train station and learn about the process involved in doing so.
You can find some helpful external resources below:
Thank you for reading our helpful guide on public liability claims against the council. If you have any other questions, please contact an advisor using the details provided above.
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