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Public liability claims refer to any claim made against an organisation in control of a public area following injuries sustained in that location. This type of claim covers a very broad range of spaces, and many different types of accident so we’ve put together this guide to give you a full rundown of when you could claim, who you claim against and how much a claim could be worth.
Legal Helpline’s expert panel of personal injury solicitors can offer eligible claimants dedicated support, and a tailored package of services designed to fit around your personal needs. Our panel works exclusively on a No Win No Fee basis and it’s free to find out if your potential claim is valid.
Key Takeaways
- Those in control of public areas are known as “occupiers” and they have a legal responsibility to protect all visitors to their premises.
- This can include placing warning signs, having action plans in place for emergencies like fires and dealing with any hazards quickly to avoid injuries.
- Any failure to implement proper safety procedures can result in visitors experiencing serious injury.
- Compensation awarded in a successful public liability claim can reflect the physical pain, mental suffering, lifestyle impact and any associated financial hardship, such as a loss of earnings.
- Public spaces include council and local authority-run locations, such as libraries, gyms and pavements, as well as those run by a private entity, such as a pub, restaurant or retail outlet.
We operate a 24/7 advice service, so if you would like to find out more, address any concerns you might have or get a free eligibility check, get in touch with our dedicated team today.
Browse This Page
- What Are Public Liability Claims?
- Can I Make A Claim After Being Injured In Public?
- Establishments That Would Class As A Public Place
- What Types Of Public Place Accidents Commonly Occur?
- Examples Of Injuries Compensated For In Public Liability Claims
- How Much Public Liability Compensation Could I Get?
- Can Public Liability Claims Cover Other Losses?
- What Will I Need To Claim After Being Injured In Public?
- Why Claim For Public Liability Accidents With Legal Helpline’s Panel Of Experts?
- No Win No Fee Public Place Accident Claims
- Frequently Asked Questions
- More Information
What Are Public Liability Claims?
Public Liability claims are a type of personal injury claim made against those in control of public areas for failing to maintain a suitably safe environment. Under the Occupiers’ Liability Act 1957, those in control of publicly accessible spaces, the occupiers, must take steps to ensure the reasonable safety of all visitors to the area.
Typically, an occupier will take out a public liability insurance policy, which pays out in the event a claim is made and won by a member of the public. What amounts to “ensuring reasonable safety” will vary between locations, but a few common measures include having clear evacuation routes and procedures, conducting regular safety inspections and necessary repairs, and ensuring staff have the right training to safely provide services to the visitors.
To find out more about public liability claims, reach out to our dedicated advisors today using the contact information given above.
Can I Make A Claim After Being Injured In Public?
Yes you can make a claim after being injured in public, provided it can be demonstrated that the occupier failed to implement the necessary safety measures, resulting in you being injured. The eligibility requirements are as follows:
- You were owed a duty of care. A duty of care refers to a legal responsibility to uphold the safety and wellbeing of others. An occupier must take steps to ensure the reasonable safety of all visitors, such as placing warning signs and promptly clearing reported hazards.
- This duty was breached by the occupier. A failure to ensure your reasonable safety constitutes a breach of the duty of care. This could be due to failing to complete repairs, leaving walkways blocked and not having clearly marked evacuation routes.
- An accident occurred in which you were injured. As a result of this failing, you experienced an injury. This could be something relatively minor like a simple fracture or much more serious injuries such as long term brain damage.
What If The Owner Does Not Have Public Liability Insurance?
Public liability insurance is a policy that covers an establishment in the event a member of the public is injured on the premises and successfully sues for compensation. Without insurance, the compensation will have to come from company funds instead and in the event of serious injuries, this could be a significant amount.
It is not legally required for companies to have public liability cover, unlike employers’ liability insurance, although it is strongly recommended. You can still claim against an occupier who does not have public liability insurance, fortunately.
Can I Claim Public Liability Compensation On Behalf Of A Loved One?
You can claim public liability compensation on behalf of a loved one if they are unable to claim for themselves. This includes minors under the age of 18 and those without the mental capacity to manage their own claim. In order to do, you would have to apply to the court, or be appointed to act on their behalf, as a litigation friend.
One of our advisors can assess your eligibility to make a public liability claim for yourself or on behalf of your loved one. Call today for your free consultation.
Establishments That Would Class As A Public Place
So many establishments are classed as public places, whether they are owned or run by the council or a private entity, such as a business.
Some establishments that class as a public place are:
- Public parks and gardens.
- Shops, supermarkets, and other business premises.
- Leisure centres, swimming pools and sports grounds.
- Recreational facilities including cinemas, arcades, paintball arenas and other such venues.
- Bars, clubs, restaurants and hotels.
Essentially, a public place is anywhere that the general public can legally access. Despite this being a very broad category of locations, the legal duty remains consistent. Those in control of these places must take steps to ensure the reasonable safety of all visitors. You can make further inquiries about claiming in your specific circumstances by talking to our dedicated advisors.
What Types Of Public Place Accidents Commonly Occur?
Types of public place accidents that commonly occur are slips and falls, injuries sustained by falling objects, and faulty equipment. Some detailed scenarios have been set out for additional guidance here:
- While shopping, a shelving unit suddenly collapsed and crushed the lower half of your body. Despite their best efforts, doctors had to amputate both legs below the knee. It became clear that multiple employees had reported the shelf was coming free from its wall mounting and needed urgent repair, but the occupier had failed to act appropriately.
- You were at a museum with your family. Another visitor had spilt water next to an exhibit and reported it, but the museum failed to take remedial action, and no wet floor sign had been placed. While heading towards the exhibit, you slipped on the water and hit your head, leading to a substantial head injury.
- During a visit to a public park, your child was injured by a faulty swing when the chain snapped. They suffered significant injury to their internal organs in the fall.
To learn about claiming in your own scenario, please speak to one of our advisors today.
Examples Of Injuries Compensated For In Public Liability Claims
Here we have a few different injuries that could be compensated in successful public liability claims. While we haven’t covered every possible injury that could be sustained, we hope this information is helpful to you.
Examples include:
- Head injuries and brain damage.
- Loss of vision and hearing.
- Soft tissue damage such as to tendons, ligaments, nerves and internal organs.
- Bone fractures and dislocations.
- Burns injuries due to flames, chemicals and electric shocks.
- Psychological distress caused by any of the injuries given above.
After any injury, it’s important to get appropriate medical attention, calling an ambulance if needed. Even minor injuries can worsen significantly if not seen to by medical professionals so it is always safer to get treatment as soon as possible. To find out more about claiming for your specific injuries, contact our team today.
How Much Public Liability Compensation Could I Get?
Depending on the seriousness of your injuries, you could be entitled to tens, or even hundreds of thousands in public liability compensation in the most severe cases. It depends on what injuries have been sustained, how severe they are and what the impacts on your daily life have been.
There are two separate heads of claim that solicitors will determine compensation amounts under, in order to give an overall figure. These are:
- General damages are paid for the injuries themselves.
- Special damages payments are for the financial losses caused by those injuries, although we’ll examine this in more detail further down the page.
Solicitors and other legal professionals often use the Judicial College Guidelines (JCG) alongside any medical evidence you have provided in order to calculate a general damages figure. The JCG publication sets out guideline payout brackets for an enormous range of injuries, although we have picked out a few relevant brackets for your convenience and used them to create the table below.
Compensation Table
Please note that this table is intended to serve as guidance only. The top figure was not taken from the JCG.
| Injury + Severity | Guideline Payout Amount | Notes |
|---|---|---|
| Multiple Very Serious Injuries with Special Damages | Up to £1,000,000 + | Where multiple very serious injuries have been experienced resulting substantial financial harm including a loss of earnings, rehabilitation expenses and the cost of care. |
| Brain and Head Injuries - Very Severe (a) | £372,570 to £533,720 | Little, if any, environmental response or language function requiring around the clock care. |
| Brain and Head Injuries - Moderate (ii) | £119,860 to £198,320 | A moderate to modest deficit in intellect with a greatly reduced ability to work and some risk of epilepsy. |
| Amputations - Below-Knee Amputation of Both Legs (a)(ii) | £266,200 to £356,840 | The loss of both legs below the knee, dependant on factors including the success of prosthesis and phantom pain. |
| Other Arm Injuries - Severe (a) | £127,050 to £172,970 | Extremely serious injuries that leave the person little better off than if the arm had been lost. |
| Other Arm Injuries - Permanent and Substantial Disablement (b) | £51,750 to £79,080 | Serious forearm fractures where there is permanent residual disability. |
| Chest Injuries - Traumatic Injuries (b) | £86,860 to £133,000 | Permanent damage to the chest and/or internal organs due to traumatic injury. |
| Chest Injuries - Damage to Chest (c) | £41,370 to £72,440 | Some continuing disability. |
| Traumatic Injury to the Digestive System - Severe (a)(i) | £56,820 to £81,790 | Severe damage with continuing pain and discomfort. |
| Traumatic Injury to the Digestive System - Serious (a)(ii) | £22,180 to £36,680 | Non-penetrating injuries causing long term, or permanent, complications such as severe indigestion. |
You can get a more personalised idea of what your potential claim could be worth by speaking to one of our advisors today.
Can Public Liability Claims Cover Other Losses?
Public liability claims can cover other losses, and it is often the case that these special damages payouts are substantially higher than equivalent general damages. This is because you can claim for both past and future losses, a few examples of which we have set out for you here:
- Any loss of earnings from time taken off work to recover from the injuries sustained in the public place accident.
- You can also claim for future lost income if you are unable to return to work, need to take on reduced hours, or work in a different, lower-paid capacity.
- Medical costs, for example, medications, physiotherapy, counselling, private healthcare and other out-of-pocket expenses.
- For injuries that affect mobility, home adaptations will likely be required. This could be additional handrails and ramps, stairlifts, raised furniture and walk-in showers.
- You may also require care within the home with tasks like preparing meals, caring for dependents, cleaning, DIY and gardening if you can’t do these things safely on your own.
- Travel expenses to and from hospital appointments, or for your commute, can also be claimed.
Remember, claiming special damages will require proof, just like claiming for physical injury. Keep hold of documents like your payslips, medical bills, purchase receipts and invoices for care services as evidence of any costs you have incurred.
Once again, we must emphasise that these sections are intended to offer guidance on how a personal injury compensation figure may be calculated. To get some more specific answers to what your own claim might be worth, reach out to our dedicated advice team today.
What Will I Need To Claim After Being Injured In Public?
You will need evidence to claim after being injured in public, but you will also need to ensure any claim is begun within the relevant time limit. We’ve explored both of these in the section below.
How Can I Prove Fault For A Public Place Accident?
Sufficient supporting evidence is how you prove fault for a public place accident. This can include your medical records, photographs of your injuries and any CCTV footage of the incident if available. You may also be able to obtain copies of records related to training or maintenance activities by the occupier. Such documents can help show that appropriate safety measures were not put in place, or staff training was done improperly. Additional guidance on the evidence needed for a personal injury claim can be sought from our advisory team.
How Long After A Public Injury Can I Claim Compensation?
Typically, you can claim up to 3 years after a public injury, as per the Limitation Act 1980. Certain exceptions, however, might apply. You can learn more about the time limit for your particular accident claim by getting in touch with our advisory team today.
Why Claim For Public Liability Accidents With Legal Helpline’s Panel Of Experts?
By choosing to claim for public liability accidents with Legal Helpline’s panel of experts, you’ll be getting access to trusted, experienced solicitors who have decades of legal practice between them and have won millions in compensation for thousands of happy clients. These highly trained professionals can offer claimants a multitude of services and support measures, specifically designed around your own needs. Everyone at Legal Helpline understands each claim is slightly different, and therefore, we ensure we take the time needed to connect you with a solicitor who will give you the necessary support and advice throughout your claim.
What Services Can Your Panel of Experts Provide?
We’ve set out just some of the services that can be provided by our panel here:
- Ensuring you get all necessary medical care, such as physiotherapy, surgeries and rehabilitation support for the injuries you have sustained in a public place.
- Assisting you with gathering supporting evidence, such as CCTV of the area, any accident reports logged by the occupier and interviewing potential witnesses.
- Calculating a compensation figure that reflects not only the harm you have experienced but the impacts on your daily life and costs that you have incurred.
- Communicating with the occupiers’ solicitors on your behalf and relaying all the necessary information to you.
- Explaining all the tricky language you encounter during the public liability claims process. You can also find our legal glossary here.
- Negotiating a final settlement and attending any dispute resolution sessions as applicable.
Most public liability claims are resolved out of court but in the event your particular case does require a full hearing, Legal Helpline will remain by your side until the matter is resolved. You can find out more about what our panel of dedicated solicitors can do for you by speaking to our advisory team today.
No Win No Fee Public Place Accident Claims
At Legal Helpline, our panel of experts offer their services on strictly No Win No Fee terms under a particular type of contract called a Conditional Fee Agreement (CFA). The CFA stipulates that no service fee may be charged by the solicitor at any stage during the claims process, or if the claim is lost.
A legally capped success fee will be taken if the claim is won but since The Conditional Fee Agreements Order 2013 caps the rate at 25%, you’re still protected from high fees.
Contact Legal Helpline
Talk to Legal Helpline’s expert advisors today using the contact information given here:
- Call us on 0333 000 0729.
- Contact us online by completing a callback form.
- Click the live chat pop-up on your screen now.
Frequently Asked Questions
These frequently asked questions provide brief answers to common queries. While we hope this is useful to you, please don’t hesitate to reach out to our team for more detailed guidance today.
Who Is Responsible For Accidents In Public Places?
The occupier of the area is generally held responsible for accidents in public places.
How Long Do I Have To Make A Public Liability Claim?
In most cases, you will have 3 years from the date of the accident to make a public liability claim. Certain exceptions, where children or persons without the required mental capacity to claim for themselves were injured, can apply.
Can I Claim If I Was Partly At Fault For The Accident?
You can still claim if partly at fault for the accident, yes, although your overall compensation will be reduced. In cases where fault is shared between parties, the compensation paid out to injured persons is reduced by the percentage they are deemed to have contributed to the accident.
Can I Claim If The Business Has Closed Down?
You might be able to claim if a business has closed down, although it does vary. If the business has been taken over by new owners, you may be able to deal with them. In cases where the company is insolvent, you’ll need to register as a creditor with the administrators. A solicitor from our panel can help you navigate your options.
How Long Does A Public Liability Claim Take?
Public liability claims typically take a matter of months, for straightforward cases where fault is admitted by the occupier straight away. In more complicated cases, where it is perhaps unclear who is to blame, the injured person is in a coma, or liability has been outright denied, the process can take over a year.
Do I Need A Solicitor To Make A Claim?
You don’t need a solicitor to make a claim but it definitely helps! As we discussed above, there’s a lot of paperwork to file, court orders to follow, and processes that must be adhered to and having a legal professional to support you throughout the claim gives your claim the best possible chance of succeeding.
More Information
You can read some more of our personal injury claims guides here:
- Learn more about claiming after you tripped on the pavement and sustained injuries.
- Find out if you could claim following an accident in a garden.
- Read our guidance on making a shoulder injury compensation claim today.
These additional resources have further information that we hope you’ll find helpful.
- You can get help with your symptoms from the NHS 111 service.
- Councils are generally responsible for maintaining pavements and you can report a problem with a pavement in your local area with this government tool.
- Read the health and safety basics from the Health and Safety Executive (HSE) here.
Thank you for taking the time to read our guide to public liability claims. If you want answers to your questions, free advice or to find out if you have a valid claim, get in touch with our dedicated advisors today.