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Make An Injury Claim Against A Graveyard
Have you been involved in an accident in a graveyard caused by someone else’s negligence? Did this accident result in you being injured? If so, you could be entitled to make an injury claim against a graveyard.
When you’re in a public place, the person in control of the space has a duty of care towards members of the public who use the space for the intended purpose. If this duty is breached, it could result in you being injured.
Some injuries sustained in an accident in a graveyard might be relatively minor, such as scrapes and bruises. However, it’s also possible to sustain more serious injuries like broken bones or head injuries.
How To Make An Injury Claim Against A Graveyard
If you wish to make an injury claim against a graveyard, get in touch with our team today. One of our advisors will be happy to take the details of what happened and provide you with a valuation of your claim.
Furthermore, we can provide you with a No Win No Fee solicitor to handle your compensation claim. Call Legal Expert on 0800 073 8804 today to speak to an injury claim expert and begin your claim for an accident in a graveyard. Alternatively, use our online personal injury claims form to contact us in writing.
Select A Section
- A Guide To Making An Injury Claim Against A Graveyard
- What Is A Graveyard Injury?
- Slip, Trip And Fall Claims Against A Graveyard
- Potential Injury Hazards In Graveyards
- What Safety Guidelines Should Graveyard Operators Follow?
- Who Is Liable For An Injury In A Graveyard?
- Who Is Owed A Duty Of Care In A Graveyard?
- Case Study – A Fatal Graveyard
- Compensation Calculator For An Injury Claim Against A Graveyard
- Additional Forms Of Damages
- No Win No Fee Claims Against A Graveyard
- Why Choose Us?
- Begin Your Claim Against A Graveyard
- supporting Resources
A Guide To Making An Injury Claim Against A Graveyard
If you are injured in a public place such as a graveyard, you may be eligible to claim compensation. In order to be eligible for compensation, the accident must have been caused by the negligence of someone who owed you a duty of care.
In this guide, we will examine some of the injuries that you could sustain following an accident in a graveyard. We’ll examine some of the hazards that could pose a risk of injury.
Furthermore, we will look at who is responsible for keeping a graveyard free from hazards as much as possible. We will also examine a case study that outlines a fatal accident that sadly took place in a graveyard.
Generally, there is a 3-year time limit to making a personal injury claim. However, there are some exceptions to this; please get in touch with our team for more information.
If you wish to claim compensation for an injury sustained in a graveyard, call Legal Expert today to begin your claim. Otherwise, read on to find out more.
What Is A Graveyard Injury?
There are many different kinds of accidents resulting in injury that someone could experience as the result of an accident in a graveyard. This could be a trip, slip or fall accident which was caused by a visitor falling on a piece of uneven ground, or tripping due to a cracked tile on the pavement.
An accident at a cemetery could also take place due to poor standards of upkeep. For example, a visitor can be crushed by a falling headstone, which may cause serious or life-threatening injuries. Similarly, large burial ground memorials, such as statues, cenotaphs and mausoleums, can be hundreds of years old. These must be properly maintained, or they can fall or break. This could cause injuries to passers-by.
Accidents that occur in a graveyard could cause a number of different injuries. For instance, someone who trips and falls on a broken paving slab could sustain soft tissue injuries like bruising. A member of the public could suffer from a sprained ankle on an exposed tree root. Or a piece of a statue could fall on the head of a member of the public below. This could, in turn, cause a brain injury.
Slip, Trip And Fall Claims Against A Graveyard
A member of the public can be injured in a graveyard by suffering a slip, trip or fall. The following health and safety hazards could cause a falling in a cemetery accident.
Trip accidents in a graveyard can be caused by:
- Loose or cracked paving slabs
- Uneven paths
- Pieces of broken or loose monuments or gravestones.
- Tree roots that are sticking out of the ground.
Slip accidents in a graveyard can be caused by:
- A paved area that has not been gritted and as a result is covered in ice.
- A path that has been worn down by consistent use, leading it to become slippery and smooth.
It is important to note that not every slip or fall accident in a graveyard will mean that you are eligible to claim. In order for you to claim, a breach of duty of care must have taken place.
For instance, if heavy rainfall causes a path to become slippery and you fall and injure yourself, it’s unlikely that you would be able to claim. This is because there is nothing the person in control of the graveyard could reasonably be expected to do to prevent this accident from happening.
Potential Injury Hazards In Graveyards
There are a number of different kinds of hazards that could be present in a graveyard and pose a risk of injury. These include:
Fences
The person in control of the graveyard is responsible for maintaining fences to safe standards. Injuries can happen if fences are not properly maintained. For instance, you may have been injured by a fence panel that comes loose and falls on you. You could also be scratched by a nail sticking out of a fence as you walk past.
Paths
Poorly maintained paths could pose a risk of you slipping or tripping on the unsuitable walking surface. For instance, broken or cracked paving stones could pose a risk to members of the public. If someone were to trip and fall on a cracked stone, they could fall and fracture a bone.
Sometimes, hazards cannot be reasonably removed by the person in control of the graveyard. In this instance, signs should be used to warn visitors of a hazard. For example, if there is a high step at the entrance to the graveyard, there may be a sign on a nearby wall warning visitors of the step.
Trees
There are often trees as well as other plants in churchyards and graveyards. The organisation that is responsible for the graveyard also has a responsibility to ensure that the trees are properly cared for and do not pose a safety hazard to members of the public.
Trees that are split or damaged can break, or branches can break from the tree, causing them to fall and hit someone. Tree roots that are sticking up out of the ground or that warp a pavement can also be a trip hazard.
Similarly, if a child is climbing a tree that is damaged or with weak branches, the tree could collapse under their weight, potentially causing the child serious injuries. Part of the duty of care of those in control of public places is anticipating that children will be less careful than adults with regards to personal safety.
Gravestones And Monuments
Gravestones and headstones can be dangerous if they aren’t properly maintained. Headstones can be decades or even centuries old, so natural wear and tear can pose a risk to those visiting the graveyard.
A falling gravestone could cause a limb crushing injury to an adult. It could also crush a child, leaving them with potentially life-threatening injuries. A headstone falling over is not the only kind of headstone accident that could pose a risk of injury. If a piece of headstone falls off, it could fall on someone’s foot or pose a risk of someone tripping over it.
If you have experienced an accident at a cemetery that was caused by negligence and have been injured as a result, you may be able to claim compensation. Call Legal Expert today for free legal advice.
What Safety Guidelines Should Graveyard Operators Follow?
The Ministry of Justice, in conjunction with the Health and Safety Executive, has released guidelines for dealing with unstable headstones and burial ground memorials. This is to prevent headstone accidents.
The guidelines state that there should not be any insecure gravestones, statues or memorials in a cemetery. They also outline how to conduct risk assessments, inspect gravestones and communicate effectively with the public.
In some instances, for example, where it is not feasible to place a sign warning of an unstable headstone, it may need to be cordoned off until repairs are carried out. These repairs should be carried out as soon as possible, particularly because of the potential for upset caused to bereaved people visiting the graveyard.
Who Is Liable For An Injury In A Graveyard?
The Occupiers Liability Act 1957 outlines the duty of care owed to visitors of a public space. It states that the person in control of a space (the “occupier”) must take all reasonably practicable steps to ensure that visitors are free from the risk of harm.
This act does not outline specifically who the occupier of a space is. However, it should be someone who could reasonably predict that an accident could occur and who has enough control over the space to take steps to prevent it from happening.
If you are injured as a result of negligence on the part of the occupier, this is a breach of their duty of care. As a result, you may be eligible to claim compensation.
A churchyard’s liability for personal injury is also affected by the Parochial Church Councils (Powers) Measure 1956. This measure states that churchwardens are responsible for the “care and maintenance of a churchyard (open and closed)”. Therefore this party could be held liable for any injuries on the church grounds which was caused by improper maintenance. However, this only applies to Church of England graveyards; churchyards attached to Catholic churches or churches of other denominations will not be covered by this.
Who Is Owed A Duty Of Care In A Graveyard?
The management of a graveyard owes a duty of care to all visitors to the graveyard who are using the space for the intended purpose. A visitor could be the following:
- A churchgoer crossing the graveyard to gain access to the church.
- An attendee at a funeral.
- A member of the public visiting a grave of a deceased loved one.
- Someone using the graveyard for leisure activities. Many graveyards are open to the public, and people may visit them to take a walk or take photographs of historically significant monuments.
- Someone who is crossing through a graveyard as a shortcut to another place.
Case Study – A Fatal Graveyard
We will now look at a case study involving the death of an 8-year-old boy that occurred because of an accident at a graveyard.
Master W was out playing with his friends in Glasgow, where he lived with his family. Master W and his friends found a hole in the wall of a closed graveyard and crawled through. The boys then found a stone memorial from the 1920s, which weighed over two tonnes.
They began to play a game that involved climbing onto the memorial then jumping off. The memorial toppled over. Master W was standing at the base of the memorial and was crushed to death by the falling gravestone.
An independent investigation found that the boy’s death was preventable. If the wall had been repaired, he and his friends would not have been able to access the site.
Similarly, if the memorial and other gravestones on the site had been checked regularly, the management would have seen that the burial ground memorial was not secure and would have been able to fix the hazard or cordon off the gravestone until it was able to be fixed. The family pursued an injury claim against Glasgow City Council, which was settled out of court.
Source: www.theguardian.com/uk-news/2018/jun/18/family-glasgow-boy-ciaran-williamson-crushed-gravestone-compensation
Compensation Calculator For An Injury Claim Against A Graveyard
If you have been injured by a graveyard due to an accident that was caused by a breach of duty of care, you can use this compensation claims table to estimate how much compensation you may be owed. The amounts of compensation included in the table are based on guidelines provided by the Judicial College.
This table only includes the part of your injury that compensates you for the pain and suffering caused by your injury, which is called general damages. Please bear in mind that the amount of compensation you actually receive could differ.
| Injury + Severity | Notes | Compensation Amount |
|---|---|---|
| Ankle Injury – Very Severe | Such injuries may be unusual and limited. They could include a transmalleolar ankle fracture or soft tissue injuries which cause a degree of deformity. There could be an increased risk of future amputation. | £46,980 to £65,420 |
| Ankle Injury – Severe | Injuries which necessitate longer periods of treatment or periods in plaster or where plates and pins are used on the bones. | £29,380 to £46,980 |
| Ankle Injury – Moderate | Torn ligaments and bone fractures which cause a less severe disability, such as those causing people to have difficulty when walking on uneven ground. | £12,900 to £24,950 |
| Ankle Injury – Modest | Injuries such as a ligament injury, a sprain or a fracture which are less serious. | Up to £12,900 |
| Foot Injury – Serious | Where the person does have continuing pain in the foot from a traumatic arthritis and where there is a risk of longer care as well as future surgery. | £23,460 to £36,790 |
| Foot Injury – Moderate | Displaced fractures of the metatarsal which causes a permanent level of deformity in the foot as well as lasting symptoms. | £12,900 to £23,460 |
| Wrist Injury (b) | An injury which results in a significant and permanent level of disability. Some useful movement will remain. | £22,990 to £36,770 |
| Wrist Injury (e) | An uncomplicated Colles’ fracture. | In the region of £6,970 |
| Hand Injury – Less Serious | Severe crush injuries which result in you having impaired usage of the hand. Surgery will be necessary. | £13,570 to £27,220 |
| Hand Injury – Moderate | Injuries to the soft tissues such as penetrating wound injuries, crush injuries and deep lacerations. | £5,260 to £12,460 |
If you wish to make a claim against a graveyard for injuries you sustained, call Legal Expert to speak to an advisor today. They will be happy to offer you a personalised estimate of how much your claim could be worth, based on your personal circumstances. In addition, they may be able to connect you with one of our personal injury lawyers who can offer No Win No Fee representation.
Additional Forms Of Damages
As well as general damages, you can also be awarded special damages as part of your claim. This will cover any expenses that you incur as a result of your injuries.
Special damages can include expenses for medical needs, travel needs, care needs and reimbursement for any personal income lost if you had to take time off work to recover from your injuries. In the event that you suffer life-changing injuries or are left disabled by your accident, you can claim funds to pay for any home adaptations, therapy or mobility equipment you may need.
No Win No Fee Claims Against A Graveyard
Legal Expert can handle injury claims against a graveyard on a No Win No Fee basis. No Win No Fee means that your solicitor will not charge you a solicitors fee upfront or while your claim is ongoing.
Instead, you and your solicitor will enter into a Conditional Fee Agreement. This is the formal term for a No Win No Fee agreement and means that if you win your claim, you will be charged a legally capped success fee. This will be deducted from the compensation you are awarded.
To begin your No Win No Fee claim after being injured in a graveyard, call Legal Expert today to speak to an advisor.
Why Choose Us?
If you choose to trust Legal Expert with your claim for a graveyard injury, we will make sure that your solicitor handles your claim with professionalism given the sensitive nature of the subject.
One of our personal injury claims can value your claim accurately and will work hard to win you the optimum amount of compensation you could be owed. Furthermore, you don’t need to worry about finding a solicitor in your local area; we have lawyers that can offer representation across the country.
Begin Your Claim Against A Graveyard
To begin your claim against a graveyard, contact us using the following methods:
- Call Legal Expert today on 0800 073 8804.
- Use our online injury claims form to reach us.
- Or use the contact widget at the right-hand side of the screen to chat with an advisor.
Supporting Resources
We hope you have found this guide to being injured in a graveyard and claiming compensation helpful. You may also wish to read these guides to learn more about personal injury claims.
How Much Compensation For Children’s Playground Accident Claims?
Snow or Ice Slip, Trip Fall Accident – How Much Compensation Could I Claim?
How Much Compensation Could I Claim Against the Council Or Local Authority?
Royal Society for the Prevention of Accidents
How Do I Know If I Have Broken a Bone?
The Government Guidance on Litigation Friends
Thank you for reading our guide on making an injury claim against a graveyard.
Guide by Chelache
Edited by Stocks
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