When Can You Claim For An Accident In A Public Place?

This guide will inform you of when you could claim compensation for an accident in a public place. It will discuss the eligibility criteria that need to be met in order for you to have valid grounds to make a public liability claim, how long you have to initiate legal proceedings, and the evidence you could gather to support your case.

accident in a public place

When Can You Claim For An Accident In A Public Place?

We will also discuss the duty of care the occupier of a public space owes, the legislation they need to adhere to, and examples of how an public place accident could occur if they fail to do so.

Additionally, we explore personal injury compensation settlements, including what they could comprise and how they may be calculated following a successful claim.

Moreover, we will discuss the benefits of pursuing a public liability claim under the terms of a No Win No Fee agreement, and how a solicitor operating in this way could help you seek compensation. 

For more information, please contact an advisor as they can provide free advice on whether you could claim if you were injured in a public place. To reach them, you can:

  • Telephone on 0161 696 9685.
  • Request a call-back by filling out the contact form.
  • Chat with an advisor via the live chat function below.

 Browse Our Guide

  1. When Can You Claim For An Accident In A Public Place?
  2. How Could You Be Injured In A Public Place Due To Negligence?
  3. Evidence That Could Help You In Public Liability Claims
  4. Potential Examples Of Compensation In Successful Public Liability Claims
  5. Use No Win No Fee Personal Injury Claim Solicitors To Claim
  6. Read More About How To Claim For An Accident In A Public Place

When Can You Claim For An Accident In A Public Place?

Under the Occupiers’ Liability Act 1957, an occupier who has control of a public space owes those using the space a duty of care. They must take steps to ensure the reasonable safety of visitors. To uphold this duty of care, they must conduct regular risk assessments and address any known hazards that pose a risk of injury. 

You may be able to make a personal injury claim for an accident in a public place if you meet the eligibility criteria:

  • The occupier owed you a duty of care.
  • They breached their duty.
  • You suffered an injury because of this breach. 

The three criteria above lay the foundation of negligence in claims for a personal injury. If you can demonstrate this has occurred, it may be possible for you to seek compensation.

Is There A Time Limit When Making A Public Injury Claim?

The public liability claims time limit is three years from the date of the accident, as set out in the Limitations Act 1980. This means legal proceedings must be initiated within three years from this date. However, exceptions can apply in some circumstances.

To learn more about these, please contact an advisor on the number above. They can also offer further guidance on when you could be eligible to claim after being injured in a public place.

How Could You Be Injured In A Public Place Due To Negligence?

Below, we have provided examples of how an occupier’s breach of duty could lead to you being injured in a public place accident. 

  • There is a faulty railing on the upper floor of a shop. Despite being aware, the occupier does not fix the railing in a timely manner. If someone leans on the faulty railing and falls from a height as a result, they could suffer a serious injury such as a serious brain injury
  • There may be an accident in a supermarket aisle if an object from a shelf falls and causes a spillage. Despite the slip hazard being reported, the occupier fails to display any wet floor signs. If someone slips and falls from this, they could suffer a broken foot injury
  • A member of the public sustains a fractured wrist in a pavement tripping accident due to a broken pavement that hadn’t been fixed in a timely manner, despite several reports being made.
  • In a coffee shop or restaurant where a hot drink has been spilled on you or was simply too hot which then resulted in you getting burns or scalds.

To discuss your specific accident in a public place you can call our helpful advisors. They can help you understand whether you’re eligible to make a public liability claim.

Evidence That Could Help You In Public Liability Claims

Gathering evidence can help prove an occupier’s negligence in your public liability claim. For example, you could gather the following:

  • CCTV footage of the incident. 
  • Photographs of the accident site and your injuries.
  • Copies of your medical records showing the care and treatment you received for your injuries, such as X-ray scans. 
  • A diary showing the symptoms you experienced due to your injuries and the treatment you received.
  • Contact details of any possible witnesses. A statement could be taken from them at a later date.

If you are eligible to claim after being injured in a public place, and wish to seek legal representation, you could benefit from working with a solicitor from our panel. They can help you collect evidence and build your case as part of the services they offer.

To find out whether you could access the services our panel of solicitors offer, call an advisor on the number above.

Potential Examples Of Compensation In Successful Public Liability Claims

The settlement awarded after a successful public liability claim can be split into two heads of claim. These are general and special damages. 

You are compensated for your injury’s physical and psychological impacts under general damages. Several factors can influence how much this aspect of your settlement is worth. For example:

  • The change in your quality of life. 
  • The change in your everyday routine. 
  • The severity of your injury.
  • Your expected recovery period. 
  • Your symptoms. 
  • Your treatment. 

Your medical records and the Judicial College Guidelines (JCG) are documents solicitors can refer to when valuing general damages. The JCG contains guideline award brackets for different types of injuries all varying in severity. Whilst we have included some of these in the table below, you should only use them as a guide because settlements vary depending on the unique circumstances of each case.

Injuries Table

Edit
Injury Severity Compensation Bracket – Guidelines Notes
Head Very Severe £282,010 to £403,990 The need for full-time nursing care is present in cases in this bracket.
Moderately Severe £219,070 to £282,010 A very serious disability which is either cognitive or physical.
Arm Severe £96,160 to £130,930 A serious brachial plexus injury that leaves the person little better off than if they had lost the arm entirely.
Simple £6,610 to £19,200 Forearm fracture.
Leg Severe (ii) £54,830 to £87,890 Very serious injuries that result in ongoing issues with mobility.
Severe (iv) £27,760 to £39,200 Moderate injuries, including complicated or multiple fractures affecting one limb.
Hand Serious Damage To Both Hands £55,820 to £84,570 Cosmetic disability of a permanent nature and significant function loss.
Severe Fractures To Fingers Up to £36,740 May result in deformity and lead to partial amputations.
Foot Serious £24,990 to £39,200 Injuries are less severe than in higher brackets but they lead to ongoing pain from traumatic arthritis.
Moderate £13,740 to £24,990 Permanent deformity and ongoing symptoms from displaced metatarsal fractures.

Claiming For Financial Losses In Personal Injury Claims

Special damages compensate for the financial losses, both past and future, that you’ve incurred as a result of your injuries. Examples of the costs you could claim back include:

  • Any loss of earnings incurred due to requiring time off work to recover from your injuries. 
  • Travel expenses, such as for taxis to and from the hospital. 
  • Care costs, such as needing help at home while you recover from your injuries.
  • Home adaptation costs. For example, the cost of implementing stair lifts or ramps.
  • Medical expenses, such as prescriptions. 

You should provide evidence to prove any monetary losses when claiming compensation under special damages.

If you are eligible to make a claim for an accident in a public place, call our team to discuss what you could be owed in compensation if your case were to succeed.

Use No Win No Fee Personal Injury Claim Solicitors To Claim

If you are eligible to proceed with your claim, you could be connected with a personal injury solicitor off our panel. They can provide their services via a No Win No Fee agreement. Although there are different kinds of contract that come under this umbrella, the one they might offer is called a Conditional Fee Agreement (CFA).

This typically means that you do not have to pay for your solicitor’s services upfront, during the claims process, or if your claim fails.

If your claim succeeds, solicitors can take a legally restricted percentage of your compensation as their success fee

For more information on claiming if you were injured in a public place accident, call our team. They can assess whether you have valid grounds to proceed, and may connect you with a solicitor from our panel who can offer their services in a No Win No Fee capacity.

To get in touch, you can:

  • Telephone on 0161 696 9685.
  • Request a call-back by filling out the contact form.
  • Chat with an advisor via the live chat function below.

Read More About How To Claim For An Accident In A Public Place

For more of our helpful guides:

For more external resources:

If you have any other questions regarding whether you could claim for an injury you sustained in an accident in a public place, call our team using the number above.

Page by EY

Published by NL