This guide will discuss public liability claims and how payouts are calculated. A public liability claim could potentially be made if you experience harm in an accident in a public place due to a breach of duty. However, there are criteria that must be met in order to do so. We will discuss these further later in our guide.
Moreover, this guide will discuss the duty of care an occupier owes you, as well as provide examples of public space accidents that could occur if this duty is not upheld.
Further down in this guide, we discuss the different types of evidence that can help to support a public liability claim, and how a No Win No Fee solicitor can help you.
If you are looking to make a public liability claim, please continue reading. Alternatively, please get in touch with our advisors using one of the following forms of contact information:
Browse Our Guide:
- Public Liability Claims Payouts – How Much Compensation Could You Receive?
- When Could You Claim For A Public Place Accident?
- Examples Of How An Accident In A Public Place Could Be Caused By Negligence
- Evidence That Could Help In Public Liability Claims
- Use No Win No Fee Solicitors To Claim Compensation
- Learn More About Public Liability Claims Payouts
Firstly, public liability claims payouts are only awarded if your claim is successful. If you make a successful claim, you could be awarded a personal injury settlement consisting of up to two heads of claim; general and special damages.
General damages compensate for the pain you have suffered from your injuries, both physical and psychological. It considers the severity of your injuries along with recovery time. It also takes into account how your quality of life has been affected,
Personal injury solicitors often use the Judicial College Guidelines (JCG) along with medical records to help them value general damages. The JCG contains injuries of varying severities, with guideline compensation brackets for each injury.
We have included a handful of relevant injuries that could potentially be sustained in a public place accident, with corresponding figures from the JCG in the table below. However, the figures are not guaranteed. This is because each claim and the circumstances of each injury are unique, so settlements will vary.
|Injury Type||Severity||Compensation Brackets||Details|
|Head||Very Severe||£282,010 to £403,990||The person requires full-time nursing care.|
|Hand||Total or Effective Loss of One Hand||£96,160 to £109,650||A crush injury that required surgical amputation is included in this bracket.|
|Pelvis and Hips||Severe (iii)||£39,170 to £52,500||This bracket includes an acetabulum fracture causing degenerative changes and leg instability. There is a requirement for an osteotomy and the likelihood of a future hip replacement.|
|Moderate (i)||£26,590 to £39,170||Significant injury affecting the pelvis or hip, but there is no major permanent disability or a great future risk.|
|Ankle||Severe||£31,310 to £50,060||Injuries that require an extensive treatment period and a long time in plaster.|
|Leg||Severe (iv)||£27,760 to £39,200||Moderate injuries are included in this bracket, such as multiple or complicated fractures to a single limb.|
|Wrist||Less Severe||£12,590 to £24,500||A permanent disability from injuries, such as a level of ongoing pain and stiffness.|
|Skeletal Injuries||Multiple Fractures of Facial Bones||£14,900 to £23,950||There is some permanent facial deformity.|
|Arm||Simple||£6,610 to £19,200||A forearm fracture that is simple in nature.|
|Foot||Modest||Up to £13,740||This bracket includes simple fractures, ruptured ligaments and other similar injuries. There may be ongoing issues, such as a permanent limp, pain or aching.|
Claiming Financial Losses After A Public Place Accident
Special damages reimburse your past and future financial losses incurred as a result of your injuries. Below is a list of expenses that can be compensated under special damages and the accompanying evidence that can support these losses.
- Loss of earnings for needing time off work to recover from the injuries. Payslips can help prove this loss.
- Travel costs from getting to and from the hospital. Tickets or bank statements can help demonstrate this loss.
- Buying new specialist care equipment to aid the recovery of your injury. Invoices and receipts can assist in proving this cost.
If you want to enquire further about public liability claims payouts, and what they could comprise, speak to one of our advisors today. They may be able to put you in touch with a solicitor from our panel.
Under the Occupiers’ Liability Act 1957, occupiers of a public space owe a duty of care to members of the public using their space for its intended purpose. An occupier’s duty is to take steps to ensure the reasonable safety of the public. In order to uphold their duty, they can take steps such as implementing safety measures and carrying out risk assessments in order to minimise the chance of injury.
You may be eligible to make a personal injury claim following a public place accident if you can demonstrate the following:
- You were owed a duty of care.
- This duty of care was breached.
- You sustained a physical injury, psychological harm, or both together as a result of the breach.
The three points above lay the foundation of negligence in claims for a personal injury. If you can provide evidence that negligence occurred, it could mean you’re eligible to seek a public liability claim settlement.
For further guidance on when you could be eligible to seek compensation for your injuries, please get in touch with an advisor. Alternatively, continue reading for examples of how a breach of duty could occur in a public place.
Below, we have provided examples of how an injury can be caused due to the party in control of a public space breaching their duty of care.
- The shop owner did not install a shelf correctly, and fails to ensure it is safe before stacking items on top. As a result, the shelf collapses and a heavy item falls and hits you from a height in a shop causing a head injury.
- Your hairdresser failed to perform the required patch test before dying your hair. As a result, you experience a chemical burn injury from a reaction to the hair dye.
- You slip and fall over a spillage in a supermarket aisle as no wet floor sign is put down in a reasonable time frame.
- There is a raised pavement which you fall over on the street causing you to sustain a knee injury. The council was aware of this obstruction as it was previously reported, but they did not resolve the issue in a reasonable time frame.
Perhaps you are unsure whether your specific accident in a public space means you have valid grounds to begin a public liability claim. If so, you can call our team to discuss your specific case. They can also provide further guidance on public liability claims payouts.
Collecting substantial evidence is beneficial in helping to calculate the value of public liability claims payouts. It can also potentially help to demonstrate how the accident occurred, the harm you sustained, and who was liable. Examples of the evidence you could gather to strengthen your case include:
- Video footage of the incident, such as from CCTV.
- A dated diary recording your physical and emotional state. This can illustrate how the injury has affected you.
- Copies of your medical records, such as any doctor’s notes.
- The contact details from potential witnesses.
- Photographs of your injury and the accident site.
Our panel of personal injury solicitors have years of experience dealing with claims for public place accidents. They could aid you in collating evidence and building your case. To find out whether they could represent your claim, please contact an advisor on the number above.
If you are looking to proceed in making a public liability claim, we can put you in touch with one of our advisors. They may connect you with a No Win No Fee solicitor from our panel, if they find you have valid grounds to seek compensation. They may be able to offer you a Conditional Fee Agreement (CFA).
With a CFA, you typically won’t owe any upfront fees to your solicitor for their work, or throughout the claims process. Furthermore, if the claim is unsuccessful, you won’t owe your solicitor a fee for their services.
However, if you have a successful personal injury claim, the solicitor can request a capped percentage of your compensation. You can discuss this fee with your solicitor before your claim begins.
If you are looking to make a public liability claim on a No Win No Fee basis, our team will be more than happy to chat to you. They can offer guidance on the process involved for public liability claims and how payouts could be calculated. To get in touch, you can:
For more of our guides:
- Find out when you could claim for a door injury in a public place.
- Learn how to claim for a soft-tissue injury.
- Read about how to claim for an accident in a pub or bar.
For more external resources:
- NHS – A helpful guide on first aid.
- GOV.UK – Guidance on how to report a pothole.
- The Royal Society for the Prevention of Accidents – Information on fall prevention.
If you have any other questions regarding public liability claims and how payouts could be calculated, please contact an advisor on the number above.
Page by EY
Published by NL