Individuals can make public liability claims if they suffer an injury caused by the negligent actions of a third party controlling a public space, such as a shopping centre or a restaurant. Injuries can range from strains and sprains to catastrophic, life-changing brain or organ damage. No matter what harm you have suffered through no fault of your own, we can help you balance the scales by pursuing the personal injury compensation you deserve.
Here at Accident Claims, we are well aware of the fact that the idea of filing a public liability claim can be daunting when you don’t know how it all works. That’s what our advisors are here for. They provide comprehensive assistance, addressing questions on public liability claims and providing a free consultation service. Moreover, our solicitors offer eligible claimants legal services on No Win No Fee terms, as they pride themselves on providing accessible legal representation to those who need it.
So, if you are looking for professional legal support that will help navigate your claim with both expertise and compassion, get in touch by using the following contact information:
- Call free of charge on 0800 073 8801
- Start a claim online
- Send a message to a dedicated advisor via live chat
4.8Jump To A Section
- What Are Public Liability Claims?
- What Is Public Liability Insurance?
- Who Can Claim Compensation For An Accident In Public?
- Who Can Be Held Liable in a Public Liability Claim?
- What If the Accident Was Partly Your Fault?
- Examples Of Public Place Accidents
- What Injuries Can A Public Liability Claim Cover?
- How Much Compensation Can I Claim For An Accident In Public?
- Can Public Liability Claims Cover Other Losses?
- Can Public Liability Compensation Be Paid Out Early?
- The Process Of Claiming For A Public Place Accident
- Public Liability Claims With Our Expert Solicitors
- Frequently Asked Questions
- Learn More
What Are Public Liability Claims?
Public liability claims are legal actions brought by individuals who have been injured by the negligent actions of an occupier, such as a hotel, local council, restaurant, or theatre. The occupier (the party with control over a public space) has a legal obligation to take practical steps to ensure visitors are reasonably safe. This is specifically outlined in the Occupiers’ Liability Act 1957, which requires the controlling party to take practical steps to keep visitors reasonably safe.
Have you been injured in a public place in an accident that was not your fault? Get in touch to secure a free assessment so an advisor can assess the eligibility of your public liability claim.
What Is Public Liability Insurance?
Public liability insurance protects businesses against costs arising from compensation claims made by members of the public, such as customers, clients, or passers-by. While it is not legally required in the UK, these policies are designed to cover legal fees and compensation payouts on behalf of occupiers of public spaces.
What If The Liable Party Does Not Have Public Liability Insurance?
If the liable party does not have public liability insurance, they become personally responsible for all costs associated with the claim. Even if the party is uninsured, you can still pursue compensation for the injuries you sustained in an accident that was not your fault. However, the successful recovery of any settlement may depend on the occupier’s available assets to fund compensation.
Naturally, you may have questions about claiming against a third party without public liability insurance. We encourage you to call an advisor at a time that suits you to get the guidance you need.
Who Can Claim Compensation For An Accident In Public?
Those who can claim compensation for an accident in public must be able to prove that the negligent actions of an occupier, such as a supermarket, directly caused them to suffer an injury.
To be more specific, there are certain elements of eligibility that you must be able to satisfy to ensure that your public liability claim is valid. You can find these requirements below:
- You were owed a duty of care – Persons, organisations, or businesses in charge of public spaces (termed ‘occupiers’) owe a duty of care to those visiting their premises. This legal responsibility under the Occupiers’ Liability Act 1957 requires them to employ practical measures to keep visitors reasonably safe, such as signposting known hazards.
- This duty of care was breached – To have an eligible public liability claim, the duty of care owed to you must have been breached. This occurs when an occupier does not meet their legal obligations, such as a museum failing to regularly inspect or maintain staircases.
- The breach caused you to suffer an injury in a public place – The final criterion is being able to show that you suffered an injury, whether it be physical or psychological, due to the occupier’s breach of duty. For example, a visitor to the museum may have tripped on a loose step and dislocated their elbow.
Can Public Liability Claims Be Made On Behalf Of An Injured Loved One?
Yes, public liability claims can be made on behalf of an injured loved one by acting as their litigation friend. This role enables all eligible adults, including family members, to bring a public liability claim for individuals with limited mental capacity or for those who are under 18. This is because neither group can pursue a claim without someone stepping in as a litigation friend.
Fatal Public Liability Claims
Fatal public liability claims can be made when the negligent actions of an occupier, such as a supermarket or hotel, result in someone’s death. Within the first 6 months following the death, the Law Reform (Miscellaneous Provisions) Act 1934 outlines that only the deceased’s estate can make a claim. This covers the deceased’s pain and suffering as well as their financial losses.
Additionally, the estate can claim on behalf of specific relatives who qualify as dependants. If the estate does not take such action within the 6-month window, eligible relatives can make their own claim for the impact the death has had on them in accordance with the Fatal Accidents Act 1976 (FAA).
For more information, please head over to our guide on fatal accident compensation.
Navigating the fatal public liability claims process can feel overwhelming, especially during an already difficult time, so why not get immediate access to the right guidance? Get in touch with an advisor today.
Who Can Be Held Liable in a Public Liability Claim?
Those who can be held liable in a public liability claim include local councils, business owners, property managers, and other occupiers of premises accessible to the public.
Do You Need To Prove Fault In A Public Place Accident Claim?
Yes, you need to prove fault in a public place accident claim in order to establish that another party’s negligent actions directly caused you to suffer an injury.
Do you need guidance on how to prove fault in public liability claims? Connect with one of our advisors today.
What If the Accident Was Partly Your Fault?
If the accident was partly your fault, you can still claim compensation if the occupier of a public space shares blame for the incident. In this scenario, a compensation payout may be determined based on split liability. For example, compensation may be split 50/50 or 25/75 depending on the percentage of fault assigned to each party. In other words, if you were 20% responsible for the incident, you would receive 80% of the final award.
If you would like to discuss split liability in greater detail in relation to public liability claims, please contact us today.
Examples Of Public Place Accidents
Slips, trips, and falls are among the most common causes of accidents in public places. You can see several scenarios detailing these and other frequently encountered incidents below:
Supermarket Accidents
- There’s a spill in one of the aisles that staff are aware of, but fail to clean or mark with a wet floor sign. This inaction results in a shopper slipping and breaking their hip.
Our guide to supermarket accident claims provides further insight into how someone might be injured in a store.
Restaurant Accidents
- An elderly customer uses the handrail on a staircase for support, but it comes away from the wall. The customer falls down the stairs, fracturing a wrist and dislocating their shoulder.
For more information, please visit our restaurant accident claims guide.
Pub Or Bar Accidents
- A bar has left several beer barrels cluttered in a walkway that leads to the beer garden. This creates a hazardous obstruction, resulting in a patron falling over one of the barrels as they turn the corner. The accident leaves them with a dislocated thumb and a broken nose.
You can get more details about these types of incidents in our guide on how to make a pub or bar accident claim.
Leisure Centre Accidents
- Staff add the wrong amount of chemicals to the swimming pool, making the water a toxic hazard. A swimmer later develops acute lung inflammation from the harmful vapours.
Read our dedicated guide to swimming pool accident claims for additional information.
Gym Accidents
- A local gym has not carried out regular maintenance on its equipment, allowing a Smith machine to develop a fault. This results in the machine collapsing on a gym member, who sustains a broken tibia.
You can learn more in our gym accident injury claims guide.
Public Park Accidents
- The local council has failed to complete routine checks of park benches, despite multiple reports of severe weather-related damage. An elderly individual sits on one of these benches, which collapses and leaves them to suffer brain damage after hitting the back of their head.
We outline several other scenarios in our article on how to make a public park accident compensation claim.
Food Poisoning
- A café fails to train a new staff member in properly handling food in accordance with hygiene standards. The employee happens to be ill and serves food without first washing their hands, resulting in a customer developing severe food poisoning that leads to hospitalisation.
You can learn all about claiming in such a situation by reading through our overview of food poisoning compensation.
Pavement Accidents
- A pavement has become severely cracked in several places after a very cold winter, resulting in slabs becoming loose or raised. The council repeatedly misses the deadline for scheduled repairs, resulting in a dog walker tripping and breaking their kneecap.
For more information, have a look at our guide on pavement accident compensation claims.
Have you been involved in one of the above accident examples, or do you want to know more about public liability claims? Reach out to an advisor at your earliest convenience. We’re always happy to help.
What Injuries Can A Public Liability Claim Cover?
A public liability claim can cover a broad range of physical and psychological injuries sustained in a public space due to someone else’s negligent actions, including fractures, nerve damage, and post-traumatic stress disorder (PTSD). Other common injuries that can be covered include:
- Broken bones
- Dislocations
- Head and brain trauma
- Soft tissue damage, including sprains, strains, ligament and muscle tears
- Lacerations and contusions
- Spinal injuries. In severe cases, these may result in some form of paralysis
- Burns and scalds
- Amputations, including limbs, fingers, and toes
- Psychological trauma, such as anxiety or depression
Have you suffered one of the above types of injuries in a public space, and it wasn’t your fault? Ring us for free today so we can talk you through what to do next.
How Much Compensation Can I Claim For An Accident In Public?
The amount of compensation you can claim for an accident in public is dependent on specific factors, such as the type of injury you suffered, the severity, and whether you incurred financial losses. The Judicial College Guidelines (JCG) are frequently used by solicitors for guidance when valuing general damages, as the document contains a wide range of injuries, severities, and corresponding suggested compensation brackets.
General damages are a head of claim that compensates claimants for the pain and suffering they have experienced from being injured in an accident in public. This can cover both the physical and psychological effects of the injury.
Our table below includes various JCG brackets, including those covering brain damage and paralysis. The top entry has not been sourced from the JCG, and we also ask that you use our table only for guidance, as the listed brackets are not guaranteed.
| INJURY | COMPENSATION BRACKETS | NOTES |
|---|---|---|
| Multiple Severe Injuries With Special Damages | £1 Million+ | Multiple severe injuries with special damages including lost wages, private medical expenses, and child care costs. |
| Paralysis - Tetraplegia | £396,140 to £493,000 | This level of award takes into account such as the claimant not being in any pain but they will have full awareness of their disability. |
| Brain & Head - Very Severe | £344,150 to £493,000 | The injured claimant will have little to no language function and will also have the need for full-time nursing care. |
| Leg - Below-Knee Amputation of Both Legs | £245,900 to £329,620 | There are specific influential factors that are considered in this bracket such as the level of amputation and the presence and severity of phantom pains. |
| Back - Severe (i) | £111,150 to £196,450 | This compensation bracket covers cases involving the most severe injury involving damage to the spinal cord and nerve roots. |
| Chest - (a) | £122,850 to £183,190 | The injured individual will have suffered the worst type of case will be of total removal of one lung and/or serious heart damage. |
| Neck - Severe (i) | In the region of £181,020 | The injured party will have suffered an injury associated with incomplete paraplegia or resulting in permanent spastic quadriparesis. |
| Arm - Loss of 1 Arm (i) | Not Less Than £167,380 | The claimant will have had their arm amputated at the shoulder. |
| Wrist - a) | £58,710 to £73,050 | The injured person will have suffered a complete loss of function in their wrist. |
| Face - Fractures of Jaws (i) | £37,210 to £55,570 | Considers injuries to the face involving very serious multiple fractures to the jaw followed by prolonged treatment and permanent consequences. |
Are you wondering which factors might be considered when compensation is awarded for public liability claims? Connect with an advisor today to learn more.
4.8Can Public Liability Claims Cover Other Losses?
Yes, public liability claims can cover other losses, specifically the financial impact of an injury, under a head of claim called special damages.
Financial losses can significantly destabilise a claimant’s life, which can add to the physical and emotional strain faced after an accident in public. This may be especially true if the injury has left them unable to work for an extended period.
To give you a clear picture of what different types of financial losses you can claim for in relation to public liability claims, we have provided you with some examples below:
Lost Income
Depending on the type and severity of the injury, you may need to take time off work for a lengthy period. This can result in a significant loss of income, including bonuses, overtime, and other work-related benefits.
Future Loss Of Earnings
If your injury directly affects your ability to return to your old role or leads to reduced hours, you may be able to claim for a future loss of earnings and missed promotional opportunities.
Medical Expenses
Seeking medical treatment privately after being injured in an accident in public can result in mounting out-of-pocket costs, particularly if you require extensive treatment.
Care Costs
If you need gratuitous or professional care as a result of your injury, for assistance with getting dressed or cleaning the house, financial losses will inevitably be incurred.
Therapies Or Rehabilitation
To support your continued independence and quality of life, you will likely require rehabilitative and therapeutic care. This can lead to substantial costs if you need long-term physical, occupational, or talking therapies as part of your rehabilitation.
Home Or Car Adaptations
Accidents in public can lead to particularly severe injuries, such as brain damage and paralysis, which often require adaptations to the home or car. These alterations can be costly, particularly if they are extensive (like converting a room into a downstairs bathroom).
Travel Expenses
As part of your treatment and recovery, you will likely need to make frequent trips to and from GP surgeries and hospitals. You can claim for any payments made for public transport, petrol, and parking fees, which can quickly add up.
Miscellaneous Expenses
Miscellaneous expenses can cover the cost of personal belongings damaged when you were injured in a public accident, such as clothing, jewellery, and electronic devices. They can also account for nonrefundable losses, including missed holidays and events.
Something that must be emphasised here is that in order to be considered for special damages, you will need evidence that verifies your financial losses. Evidence you can supply to your solicitor includes payslips, invoices, and receipts.
If you wish to speak to someone about special damages and how we can help you claim for them, please get in touch with one of our advisors today.
Can Public Liability Compensation Be Paid Out Early?
Yes, public liability compensation can be paid out early through interim payments, which can be given to claimants before their claim is fully settled. Typically, interim payments can be applied for when the public liability claim in question has a high likelihood of success or when the occupier has admitted liability for the injury.
Interim payments are essentially advances on compensation, meaning the amount given to a claimant is deducted from their final payout. These payments can provide relief to claimants who need to cover specific costs, such as urgently needed private medical care or essential home adaptations.
Do you think you are eligible to apply for interim payments? Connect with an advisor today so we can assist you right away.
The Process Of Claiming For A Public Place Accident
The process of claiming for a public place accident involves building a strong wall of evidence and adhering to the legal time limit to ensure the validity of your personal injury claim.
Below, we explore both the process of gathering evidence and the legal time limit.
Evidence To Support Public Liability Claims
Evidence supports public liability claims by proving how an occupier acted negligently, directly causing someone to be injured in a public accident. CCTV footage can be one of the most valuable ways of showing how an accident unfolded. To further strengthen your claim, you can also obtain a copy of the accident book report in which the incident was recorded.
Finally, collect the contact details of anyone who witnessed the accident, whether they are bystanders or employees at a supermarket or other public place. This is because solicitors require those details to draft witness statements on behalf of claimants. These testimonies can provide detailed accounts of what happened and corroborate your version of events.
To find out more about building a strong case, head over to our guide detailing what evidence might be needed for a personal injury claim.
How Long After Public Place Injuries Can Claims Be Brought?
The length of time after public place injuries that claims can be brought is 3 years from the date of the accident, as per the Limitation Act 1980. This is referred to as the limitation period, and concerns when a claim should be initiated rather than when it needs to be resolved.
However, certain protected persons are exempt from the limitation period. To find out why exemptions sometimes apply, pop over to our guide outlining how long the limitation period is for personal injury claims.
Are you unsure whether your public liability claim falls within this 3-year legal time limit? Simply call us today so we can assess this for you during a free consultation.
Public Liability Claims With Our Expert Solicitors
You can make a public liability claim with our expert solicitors by simply calling an advisor today and having your eligibility assessed for free. If you have a valid case, you will be put through to one of our solicitors, who will assist with all aspects of the process and fight to secure personal injury compensation for you.
In the sections below, we discuss in detail how we can help you with your public liability claim:
Why Choose Accident Claims After Being Injured In Public
By choosing Accident Claims after being injured in public, you will be able to benefit from a robust range of support services to help you navigate the personal injury claims process.
To give you a clearer understanding of the support we give our clients, have a read of some examples of our services below. We can:
- Explain how the claims process works so you understand what is happening as your claim moves forward
- Gather evidence for you, so you can focus on rest and recovery while we handle all the complexities of the claims process
- Provide you with regular and detailed updates as your claim progresses
- Negotiate with the occupier’s representatives and report back to you immediately
- Help connect you with rehabilitation services if this is something you need
Do you feel like you would benefit from these services? We have many more services available, all designed to prioritise your needs and provide you with the expert legal representative you deserve.
Can Public Liability Claims Be Made On A No Win No Fee Basis?
Yes, public liability claims can be made on a No Win No Fee basis, and here at Accident Claims, our solicitors do so via a contract called a Conditional Fee Agreement (CFA). Coupled with a comprehensive list of support services, this arrangement aims to help provide clients with the highest standard of service while pursuing personal injury compensation.
Simply put, this means:
- You won’t have to pay upfront solicitors’ service fees
- You won’t pay any service fees to your solicitor throughout the claims process
- Even if your public liability claim fails, you won’t have to pay service fees for the solicitor’s work
If your public liability claim wins, you will pay your solicitor a small success fee directly from your personal injury compensation. This is a percentage that is legally limited, as per the Conditional Fee Agreements Order 2013. In other words, you would take home the majority of your compensation.
Contact Accident Claims To Begin A Claim
What happens to your public liability claim matters to us. Use the contact details below to find out how we can support you during this challenging time:
- Call us for free on 0800 073 8801
- Start a claim online
- For a more convenient option, why not text us via our live chat?
Frequently Asked Questions
Please find below answers to several of the most frequently asked questions about public liability claims:
What Are The Most Common Accidents In A Public Place?
The most common accidents in public places involve slips, trips, and falls caused by hazards such as uneven pavements, potholes, or wet floors.
Will I Need To Go To Court For A Public Liability Claim?
You will not necessarily need to go to court for a public liability claim, as the likelihood of your case requiring a judge’s intervention is very rare. The majority of personal injury claims settle out of court.
What If The Liable Party Denies Fault?
If the liable party denies fault, you can still go ahead with your claim, but you may need further evidence showing how the opposing party was responsible for the injuries you suffered in a public accident. If liability remains disputed, a claim may require a court hearing (though this is rare).
What If Public Liability Insurance Is Not In Place?
If public liability insurance is not in place, the party responsible for your injury may need to bear the costs of your claim, including expenses from legal fees and your personal injury compensation.
How Long Do Public Liability Claims Take To Settle?
How long public liability claims take to settle depends on specific factors, such as the availability of supportive evidence and whether the defending occupier admits liability straightaway.
Is there a particular question you need a more in-depth explanation of? Call us today to discuss any of the above FAQs in more detail with an advisor.
Learn More
Please have a read of some more guides by us:
- Read our guide on restaurant accident claims.
- Have a look at our guide on supermarket accident claims.
- Have a read of our guide on how to claim compensation for an accident in a public place.
Have a browse of these external resources:
- Request CCTV footage of yourself from GOV.UK.
- Learn how to give life-saving first aid from this NHS resource.
- Check your eligibility for Statutory Sick Pay (SSP) from GOV.UK.
Thank you for taking the time to read our guide on public liability claims.