A public liability claim is a type of personal injury claim made against an occupier of a public place. Our guide examines who could be eligible to start a public liability claim if they tripped on a rug or floor covering and were injured.
The legal process can appear complex. We have therefore included an explanation of the Pre-Action Protocol for Personal Injury Claims and how a solicitor from our panel can assist you when taking these steps.
Slips and falls can result in various harm, from minor joint or neck injuries to the worst cases of traumatic brain injury. With this in mind, we have included detailed guidance on how personal injury compensation is calculated in public liability claims for fall accidents.
Towards the end of this guide, you will find a short summary of the type of No Win No Fee contract offered by our panel of solicitors. Instructing a solicitor to represent you under such a contract can be of considerable benefit.
At Legal Helpline, we understand that the claims process can seem daunting. That is why our advisory team are standing by 24 hours a day to answer your questions, provide further details and assess your eligibility to begin a claim for free. Talk to our team today using the following contact information:
- Call us on 0161 696 9685.
- You can also contact us through our website.
- Or, for a fast response to any queries, click the live chat icon at the bottom of the page.
- How You Could Claim Compensation If You Tripped On A Rug
- Liability For Slips, Trips And Falls In Public Places
- How To Prove You Were Injured In A Public Place
- Estimated Trip And Fall Compensation Payouts
- Get No Win No Fee Public Liability Claims Advice
- Learn More About Claiming If You Tripped On A Rug
How You Could Claim Compensation If You Tripped On A Rug
The Pre-Action Protocol for Personal Injury Claims outlines the steps that are to be taken during the claims process. We have summarised those protocols below:
- Letter of Notification: The claimant issues notice of their likely intention to bring a claim.
- Rehabilitation: Both parties should determine what medical treatment or rehabilitation the claimant requires as soon as possible.
- Letter of Claim: A Letter of Claim is the formal notification that a claim is being opened against the defendant. It should concisely summarise the facts on which the claim is being made.
- Response: The defendant has 21 calendar days to respond to a Letter of Claim and then 3 months to conduct investigations.
- Disclosure: The disclosure of documents is intended to provide clarity on points of dispute or to aid the resolution of those issues.
- Experts: Both parties can instruct relevant experts, such as medical professionals or structural engineers, to provide expert testimony on points of claim.
- Negotiations following admission: Where a defendant has admitted liability, a Part 36 offer can be made to settle pre-proceedings.
- Alternative Dispute Resolution (ADR): The final stage of “settling out of court.” The legal representatives of both parties try to reach a resolution. If ADR fails, the claim will go to trial.
Instructing a solicitor to represent you will mean a lot of these steps will be completed by them per your instructions. Our advisory team can connect you with an experienced personal injury solicitor from our panel of experts if you’re eligible to begin a claim after you tripped on a rug in a public place. Contact our team today using the details provided above for a free and accurate assessment of your personal injury claim after an accident while in public.
Liability For Slips, Trips And Falls In Public Places
Parties in control of public spaces, legally referred to as “occupiers,” have an obligation to ensure the reasonable safety of all visitors to their premises. This duty is set out by the Occupiers’ Liability Act 1957.
In order to make a public liability claim if you tripped on a rug, you will need to demonstrate that your case meets the following criteria:
- The occupier of a public place owed you a duty of care.
- This duty of care was breached when the occupier failed to take steps to ensure the reasonable safety of visitors.
- As a result of this breach, you suffered a fall injury after tripping on a rug.
So if you tripped on a loose carpet tile or worn and torn floor mats or slipped on wet carpets, you could suffer serious injuries for which you could make a public liability claim if the accident was due to a breach of duty on the occupier’s part.
Time Limits In Public Liability Claims
In most cases, public liability claims need to be made within 3 years of the accident date, as per the Limitation Act 1980. Exceptions to the standard time limit can be in certain circumstances, such as:
- The injured person was a minor at the time of the accident.
- The injured person lacks sufficient mental capacity to claim on their own.
If an injured person is unable to claim on their own, a suitable adult can either apply or be appointed by the court to act as their litigation friend and take up the claim on their behalf. For more advice on the time limits or to enquire as to whether any exceptions apply to your case, talk to our advisors today.
How To Prove You Were Injured In A Public Place
The evidence available to you will vary depending on where your accident took place. We have provided some possible examples you could use in a public liability claim after you tripped on a rug:
- Seeking the appropriate medical care after an accident is always recommended practice. As well as ensuring your fall injuries receive prompt treatment, the medical records from this can be used as part of your evidence.
- You have the legal right to request CCTV footage of yourself. If available, CCTV footage can be very useful in showing the accident taking place.
- Take photographs of your injuries, the cause of the accident and the surrounding area.
- Be sure you have the contact information of any witnesses to the accident. Potential witnesses can be contacted during the personal injury claims process to provide a statement.
Part of the service provided by solicitors from our panel is assisting you in the collection of evidence. In addition to making sure your body of evidence is as thorough and accurate as it can be, a solicitor can also ensure your claim is brought inside the relevant limitation period. Speak to our advisors today for a free assessment of your eligibility to claim.
Estimated Trip And Fall Compensation Payouts
Compensation in trip or fall claims can be awarded under two different heads of loss. These are known as general damages and special damages, respectively. The physical and psychiatric injuries caused are compensated under general damages. Certain financial losses associated with that harm can be compensated under special damages.
As we discussed previously, one of the benefits of instructing a solicitor from our panel to represent you is they will calculate a potential compensation figure for your injuries. In order to do this, reference can be made to the guidelines from the Judicial College. The JCG publication provides details on various injuries as well as guideline compensation figures.
For your reference, JCG entries for injuries that could be sustained after you tripped on a rug have been provided below. Please note that the top entry was not taken from the JCG.
Compensation Table
We would also like to stress that since public liability claims are assessed on their individual facts, these figures are intended as guidance only.
| Type of Injury | Severity | Guideline Compensation Value | Description |
|---|---|---|---|
| Multiple very severe Injuries in addition to special damages payments for lost income and medical costs | Very Serious | Up to £500,000 + | Cases where the injured person as sustained multiple very serious injuries and incurred care costs, medical bills and lost earnings due those injuries. |
| Brain Damage | Moderate (c)(i) | £150,110 to £219,070 | The injured person will have suffered a moderate to severe deficit of intellect, personality change and sensory impairment with a substantial epilepsy risk. |
| Moderate (c)(ii) | £90,720 to £150,110 | A moderate to modest intellectual deficit where ability to undertake work is greatly lessened with some epilepsy risk. | |
| Epilepsy | Established Petit Mal | £54,830 to £131,370 | Compensation for epilepsy is influenced by a number of factors including associated behavioural issues, the impact on daily life and the success of medication in controlling attacks. |
| Knee Injuries | Severe (a)(i) | £69,730 to £96,210 | Joint disruption with gross ligament damage and the development of osteoarthritis causing considerable pain and loss of function. |
| Severe (a)(ii) | £52,120 to £69,730 | Leg fractures that extend into the knee resulting in constant pain and movement limitation | |
| Wrist Injuries | Complete Loss of Function (a) | £47,620 to £59,860 | Injuries that result in the complete loss of wrist function, such as where an arthrodesis was performed. |
| Significant Permanent Disability (b) | £24,500 to £39,170 | Some useful movement remains in the wrist. | |
| Injuries to the Elbow | Less Severe Injuries (b) | £15,650 to £32,010 | An impairment of function but major surgery is not required. |
| Moderate or Minor Injuries (c)(ii) | Up to £12,590 | A simple fracture or lacerations |
Special Damages
As we briefly touched on earlier in the section, compensation for monetary losses stemming from your injuries can be awarded under special damages. We have listed some possible examples of such costs here:
- A loss of earnings.
- Travel costs.
- Medical bills.
- Care expenses.
- Home adaptations.
In order to claim compensation for monetary losses, supporting evidence will need to be provided. Retain copies of your payslips, as well as other financial documents such as receipts, travel tickets, care invoices and your prescription letters as proof of any incurred costs.
This section is intended to offer guidance on how compensation in personal injury claims is calculated, not state a guaranteed compensation figure. To get a more detailed estimate of the potential value of your claim, speak to our advisors for a free consultation today.
Get No Win No Fee Public Liability Claims Advice
Contact our advisors for a free consultation regarding your eligibility to claim compensation if you tripped on a rug and were injured. If our team deem your potential claim as valid, a solicitor from our panel could offer their services under a Conditional Fee Agreement (CFA), a type of No Win No Fee contract.
When instructing a solicitor under a CFA, you will enjoy the distinct benefits of this type of No Win No Fee contract, including:
- Generally, there will be no upfront fee to pay when instructing the solicitor to represent you.
- No fees during the claims process itself.
- No fee to pay should the claim not succeed.
Should the solicitor win your case, you will receive a personal injury compensation payout. Prior to the start of the claims process, you and the solicitor will agree to a success fee, payable as a percentage of your compensation payout should the solicitor win the case. As The Conditional Fee Agreement’s Order 2013 caps success fees at a maximum of 25%, you will receive the majority of any compensation awarded in your claim.
The public liability claims process can be complex. Our advisory team are available to provide free claims advice 24 hours a day. In addition to helping you understand public liability claims, advisors can also assess your eligibility to claim for zero charge. Get in touch today using the following:
- Call us on 0161 696 9685.
- You can also contact us through our website.
- Or, for a fast response to any queries, click the live chat icon at the bottom of the page.
Learn More About Claiming If You Tripped On A Rug
You can read more of our guides on slip trip and fall claims on our website:
- An injury could leave you unable to work, find out about claiming compensation if you can no longer work here.
- Learn about public liability claim payouts with this compensation guide.
- You can find out more about making a public liability insurance injury claim on our website.
You can also browse these external resources for more information:
- The Royal Society for the Prevention of Accidents do considerable work on the prevention of falls. You can read further on this webpage.
- The NHS has released this guidance on administering first aid to an injured person.
- Potholes can present a serious trip and fall risk. You can report a pothole using this Government portal.
Thank you for reading our guide to starting a personal injury claim after you tripped on a rug in a public place. Our advisors are available 24 hours a day to provide free advice. They can also assess your eligibility to begin a public liability claim at no cost to you. You can reach a member of our team at any time using the contact details provided above.