How to Claim Compensation for a Personal Injury on Private Property? – Can I Claim? Online Guide

By Olivia Jenkins. Last updated 12th February 2021. Welcome to our guide to claiming for an injury on private property. Injury on private property occurs every day, with injuries ranging from minor cuts and bruises to severe, life-changing injuries.

Owners of private property are not necessarily exempt from liability to a certain degree if someone gets injured on their land including those who are trespassers. If an accident causing injury has occurred, depending on the circumstances, the injured party may qualify to make a compensation claim.

If you have been injured whilst on private property and are unsure as to whether you have a chance to claim compensation for your suffering, give us a call at Accident Claims UK on 0800 073 8801 and we will do our best to help you.

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A guide to claiming for an injury which happened on private property

Making a compensation claim can feel like entering a minefield if you have no experience in personal injury claims. This guide has been put together to hopefully answer some of the many questions you may have regarding claims for personal injury on private property compensation and what is involved in the process of making such a claim.

Injury on private property

Injury on private property

This guide will give information on what the responsibilities are of the private property owner in regards to when someone sustains an injury whilst on their land, and outlines the laws and regulations that private property owners are expected to follow. It also includes scenarios outlining when liability falls with the owner or, in some cases, falls with the injured party themselves.

The guide also shows what should be included when making a personal injury claim and gives a few examples of the average payout amounts for certain injuries that you may possibly be awarded should your claim be successful.

Once you have had a read through our guide, you should feel more confident about making your compensation claim. However, we feel that when making such a claim, using an experienced and specialist personal injury solicitor gives the best chance of success and so will look at some of the benefits of hiring a firm such as ours can bring.

What locations count as private property?

Private property is classed as land that the owner has exclusive rights over.

Private property may be owned by an individual, a company or an organisation. A tenant of a privately owned property, although not the landowner, can also be considered as having the responsibility of a private property owner as can their landlord depending on the circumstances.

Anyone who comes onto privately owned land without the owner’s permission is trespassing. Also if someone comes onto the land and leaves an object of some kind on the property without permission of the owner, this is also known as trespassing.

The most common location examples of privately owned property are:

  • People’s homes
  • Offices
  • Private Car Parks
  • Schools
  • Shops
  • Builders yards

These are just a few examples of the privately owned property where someone may sustain an injury. Their right to make a compensation claim against the owner will greatly depend on the circumstances surrounding their accident causing them to be injured.

Years ago anyone injured whilst trespassing into someone’s home would not have any rights at all and it was considered their own fault if they sustained an injury as they shouldn’t have been there in the first place. However, in recent years the courts and parliament ruled that the rights of the property owner should be considered against other rights of the injured party. This in turn caused an uproar and the rights of the property owner have strengthened again, although they are not absolute.

If however the injury sustained was due to the negligence of the property owner, the injured party may have the right to sue for an injury on private property that they were a visitor of.

Where does the liability lay for injuries on private property?

Determining who is liable for injuries sustained on private property can be very complex as it really does depend on the individual circumstances. It would depend on the type of property, what it was the injured party were doing there, whether the owner of the private property was negligent in some way, or whether the injury was caused by the injured party’s own actions. In some cases, it may be a very fine line as to who is liable.

Some of the most common questions we get asked by both potential claimants and defendants are:

  • If someone is injured on your property are you liable?
  • If someone falls on your property are you liable?
  • If someone trespasses on my property and gets hurt am I liable?
  • Can you sue a homeowner if you fall on their property?

In most cases, the answer to these questions is going to be yes but it will depend on the many different aspects surrounding the event in which the accident or injury took place. To a certain degree, all private property owners have a duty of care to ensure any visitors to the property are safe from any harm coming to them, even if in some cases they are trespassing or haven’t been invited onto the property. In most cases, however, the property owner will be covered for any eventuality by their insurance, but depending on the details of their policy and the circumstances of any injury sustained, this could affect the case in different ways.

Therefore, if making a claim for an injury on private property, we would strongly advise getting advice from our panel of personal injury lawyers.

What role does the Occupiers Liability Act play in compensation claims?

The Occupiers Liability Act 1957 sets out the rules and regulations by which any property occupier should adhere to.

It states that any occupiers of property or land have a common duty of care to provide a safe environment for any visitors, lawfully invited or not and that they hold responsibility for their visitor’s safety whilst on their property. Therefore, any visitors should be able to expect to be reasonably safe at all times whilst on the property. To ensure a safe environment, the occupier may use warning signs around the property, they should ensure any electrical equipment on the property is maintained, and that any other health and safety aspects of the property are dealt with to the best of their ability.

If you have been injured and believe the occupier to be in breach of their common duty of care, you may be eligible to make a compensation claim against them.

Other health and safety legislation related to private properties

Other health and safety legislation for privately owned properties may differ slightly for properties that are commercially but still privately owned.

The Health and Safety at Work Act etc 1974 guarantee the rights of any visitors to a commercial privately owned property. This is legislation that lists the responsibility and duty of the property occupier to make sure that the property is maintained to a safe standard. The occupier must, as part of their duty, carry out regular maintenance checks and health and safety assessments, and they must also:

  • Be in charge of the fire safety
  • Ensure electrical equipment is regularly maintained
  • Maintain gas appliances
  • Sort out any asbestos-related problems and issues that may arise

By law, the person who has the responsibility of maintaining the safety of anyone who comes onto their premises is the occupier. The well-being of anyone who enters the premises is their concern. In cases of commercial property occupiers, these laws and regulations will be significant to any compensation claims made against them following an injury occurring.

Can you claim compensation for accidents and injuries on residential properties?

If an accident resulting in an injury occurs whilst on a residential property, any case brought forward will be governed by the regulations set out in the Occupiers Liability Act as mentioned above. It is the responsibility of the occupier to ensure their premises is a reasonably safe environment for anyone visiting.

With privately-owned residential properties, there could be two possible parties that may be liable if an accident causing injury were to occur. If the owner of the property is also the occupier, then in any case, they will be the defendant. However, if the owner of the property is not the current occupier, for example when properties are owned but rented out to others, then depending on the circumstances it may be the occupier (tenant) who is liable, or it could be the owner (landlord).

Can you claim compensation for an injury in commercial properties?

As stated in the previous sections above, commercial property owners have to by law follow the health and safety rules and regulations as set out in the Health and Safety at Work Act where it states that they have a duty of care to any visitors to their premises, to provide a safe environment.

If you have suffered an injury whilst at a commercial property and you can prove it was due to the owner’s negligence, then you would be eligible to make a claim.

As with residential properties, depending on the circumstances, the owner of the property may be found liable, or it could be the occupier of the premises who is liable if they are renting it, it would all depend on the details of the individual case.

What steps should you take if injured on private property?

If you have sustained an injury whilst on private property, first and foremost you should seek medical care to examine and treat your injury. Once you have done this, you then may consider taking legal action for compensation. There are a number of things you can do, even in the early stages of making a claim, to start building your case, such as:

  • Photos – Take photos of your injury as early on as possible to give evidence of the severity of the injury sustained and provide visual proof of the pain and suffering you have endured. If you can obtain any photographic or CCTV footage of the accident taking place this could also be useful in supporting your claim.
  • Witnesses – If there were any witnesses to you sustaining your injury, take down their details so that you may obtain a statement at a later date. Witness statements serve to back up your own statement of truth regarding the circumstances of your claim.
  • Medical Record – As already mentioned, certainly see a medical professional to check and treat your injury. Aside from a health point of view, a medical report will provide documentation of your injury, the treatment you have received and any long term prognosis.
  • Diary – Keep a diary of everything that has occurred in relation to sustaining your injury including the amount of pain and emotional distress you may be experiencing.
  • Contact a reputable personal injury claims firm to discuss your case and also to hire to conduct your compensation claim on your behalf as making a personal injury on private property claim can be a very complex process and by using an experienced law firm you have a better chance of success.

Accident Claims UK are highly experienced personal injury claim specialists that can help you to make your claim.

If you call us, we will offer you a free, no-obligation consultancy session by phone where we can discuss the details surrounding your case and give you the opportunity to ask any questions you may have in regards to making a compensation claim. We can also gather details from you so that we can be sure you have a legitimate case. We can then look at what will be the best way to conduct your claim.

If you are happy for us to proceed, we will then set to work on your case. We may offer you a free local medical if you have not already seen a medical professional if we feel it may be of benefit.

We can then begin the administrative parts of your case and look into gathering more evidence where possible, building up your claim to the next level.

What could a private property personal injury claim include?

When making a claim for an injury on private property, there are a number of items and expenses that can be included, such as:

  • General Damages – These cover the physical and psychological aspects of your claim such as the pain and suffering and emotional distress you have endured because of the injury you have sustained.
  • Care Claim – If you have needed help around the home since your injury, then the person helping you can also file a claim.
  •  Loss of Earnings – Any income lost and future income lost as a direct result of you sustaining your injury can be reclaimed as part of your compensation award.
  • Medical Expenses – Any expenses you have incurred through medical care, treatments and prescriptions due to your injury can be reclaimed as part of your compensation award.
  • Travel Expenses – Any travel expenses you have incurred as a direct result of your injury such as travel to GP or hospital appointments for example, should be included in your claim. If your injury has caused you to make any vehicle adaptions, the cost of this can also be included.

Although all these costs can be included and it is important to do so, the most important factor affecting your compensation award will be the severity of your injury and any long term effects.

Private property personal injury claims calculator

As mentioned earlier on in the guide, we can show some average payout amounts to give an idea of the sort of compensation that may be awarded. However, it is important to note that although the amount determined depends greatly on the type of injury and its severity, there are many other contributing factors that also affect this amount which will differ greatly from person to person.

Reason for CompensationAverage Award AmountComments
Very Severe Brain Damage£264,650 to £379,100Some response may be seen but responses to environment will be non-existent, little or no language function, double incontinence and full time medical care needed.
Moderate to Severe Brain Damage£205,580 to £264,650The claimant will be extremely disabled physically with mental impairment also. The claimant will need constant full time care and be very dependent on others.
Moderate Brain Damage£140,870 to £205,580The higher end of the payment scale will be for those who are permanently physically and mentally impaired, reliant on others, needing carers and large risk of developing epilepsy. At the lower end of the payment scale, will be for those where concentration and memory are impaired, the ability to work is reduced, small chance of developing epilepsy and slightly dependant on others.
Less Severe Brain Damage£14,380 to £40,410Some recovery expected enough to join in socially and be able to work, however, problems still exist such as mental and concentration problems and not all normal functions totally restored which may all affect quality of life and lifestyle overall.
Minor Brain Damage£2,070 to £11,980Temporary damage to the brain but full recovery expected. The amount awarded will depend on the severity of the initial injury and amount of time expected to reach full recovery.
Asbestos Related – Very Severe£65,710 to £118,150Mesothelioma often causes severe pain and impairment of function and quality of life, often proving fatal within a matter of months from diagnosis.
Asbestos Related - Severe£36,060 to £99,330Asbestosis and pleural thickening—where it causes progressive symptoms of breathlessness by reducing lung function. Awards at the lower end of the bracket will be applicable where the condition appears relatively static. Higher awards will be applicable where the condition has progressed or is likely to progress to cause more severe breathlessness. Awards at the top end of the bracket will be applicable where mobility and quality of life has or is likely to become significantly impaired and/or life expectancy significantly reduced.
Asbestos Related – Moderate to Severe£14,140 to £36,060As above but less severe.
Severe Back Injury£85,470 to £151,070Disc lesions or fractures or vertebral bodies or soft tissue injuries leading to chronic conditions where, despite treatment (often involving surgery), disabilities remain such as on-going severe pain and discomfort, impaired agility, reduced sexual function, depression, personality change, unemployability and the risk of arthritis.
Back Injury - Moderate£26,050 to £36,390As above but the severity is less.
Back Injury - Minor£7,410 to £11,730Less serious strains, sprains, disc prolapses and soft tissue injuries. The award amount will depend on the severity and future prognosis and recovery time.

Don’t worry if your particular injury is not listed here, this is just an example guide and will not include every possible injury, just call us at Accident Claims UK to discuss your personal injury claim.

Private property personal injury no win no fee claims

At Accident Claims UK, we believe that everyone who has suffered due to the negligence of someone else should have the opportunity to claim compensation regardless of their current financial position. Therefore, we offer a No Win No Fee service.

We know that legal cases can often run into months and sometimes even years before a conclusion is made and the legal costs could be extortionate at the end, therefore, being a huge gamble for people as there is no guarantee of success in any case.

However, with our No Win No Fee service, this financial burden needn’t be so. With our service, if we were unsuccessful, our clients are not charged a penny for our time and so there is no financial loss for you to suffer. When we are successful, although we then will expect payment, we simply take this as a small percentage of your compensation award, meaning you do not pay us any monies upfront at all. This actually is beneficial for you in two ways; firstly, you have no financial outlay to make or any gamble. Secondly, because our payment relies on our success, you can be sure that we will do our very best to make your claim successful and get the highest compensation award that we can for you.

Why claim compensation with Accident Claims UK?

Accident Claims UK consists of a team of highly experienced solicitors that have specialised in the personal injury claims industry for a number of years.

We are a friendly, reliable and efficient firm with a great track record of successful compensation claims that have often resulted in the maximum possible award amount being given.

We work alongside our clients as well as on our own behind the scenes legal teams gathering any extra supporting information, facts and evidence that will strengthen their case. We make sure that the claim is conducted as quickly and as efficiently as it possibly can be to get our clients their compensation as soon as possible so that they can move on with their lives.

Of course, as mentioned already, we also offer our No Win No Fee service that on its own is of a huge benefit to many of our clients.

With Accident Claims UK you really are in safe hands. You can be assured that we will do our very best to get you the compensation you deserve for your injury on private property claim.

Start your claim today

Starting your injury on private property claim is as simple as picking up your phone. Just call us at Accident Claims UK on 0800 073 8801 to discuss the nature of your claim and we will take it from there.

Useful Links

Landlord Compensation Claims

Find out if you are eligible to claim compensation against a landlord.

Occupiers Liability Act 1957

This is the link to the legislation set out in the Occupiers Liability Act 1957.

Health and Safety at Work Act

This shows the legislation written in the Health and Safety at Work Act.

Slip, trip,  falls claims guide

This is a guide giving you more information about slip, trip and fall claims if you have suffered one of these common accidents on private property.

Injury on Private Property FAQs

Here, we’ll look at some commonly asked questions about an injury on private property.

Can you sue someone for getting injured on their property?

As mentioned above, with privately-owned residential properties, there are two possible parties that could be liable for injury on private property.

If the owner of the property is also the occupier, then they would be liable. However, if the owner of the property is not the occupier, for example, if they’re simply the landlord, then either they or their tenant could be liable.

For more information, please contact Accident Claims UK today for a free assessment.

How long do you have to sue for a slip and fall?

Personal injury claims have a 3-year time limit. This limitation period is effective beginning from the date of the incident or the date the claimant becomes aware that they suffered due to it. If the claimant neglects this time limit and waits too long before starting their claim, they could lose the compensation that they’re entitled to.

For claimants under 18 or without the mental capacity to place a claim themselves, they can appoint a litigation friend, parent or guardian to make legal proceedings for them. In such cases, the limitation period is paused and only resumed when they either come of age (18) or regain the mental capacity required.

Thank you for reading our guide to claiming for an injury on private property.