In this guide, we examine public liability claims. Those in charge of an area or providing services are bound by the Occupiers’ Liability Act 1957 to do all they can to ensure users, visitors and the public are reasonably protected from harm. A public place accident caused by those in charge of the space can leave a person with life-long injuries and you could be owed compensation for this.
Key Takeaways For Public Liability Claims
- The organisation or person (occupier) in charge of areas open to the public are responsible for reasonably ensuring that people are safe while using their premises and facilities.
- If they fail to meet this duty of care, a compensation claim for physical, psychological and financial harm against the occupier could apply.
- Public liability insurance is compulsory for those offering a space or services to the public. A claim is made against this insurance.
- Typically there is a three-year time limit for starting a public liability claim. This starts from the date of the accident and injury, but certain exceptions can apply.
- You can manage a compensation claim yourself but it might be easier with the insights and support of a No Win No Fee solicitor.
If you would like to have your case assessed for free right now or have questions about anything raised in our guide:
- Please call 0800 073 8804 to see how much compensation you could be owed in a
- public liability injury claim.
- Or, you could start your claim online by completing our contact form.
- Alternatively, ask the live chat forum a question.
Select A Section
- What Is A Public Liability Claim?
- Can I Make A Claim For An Accident In A Public Place?
- What Counts As A Public Place?
- What Kinds Of Public Liability Claims Can We Help You With?
- How Much Compensation Could I Get?
- Is There A Time Limit For Claiming Compensation?
- Why Should I Work With A Solicitor From Legal Expert?
- More Information
What Is A Public Liability Claim?
To comply with the Occupiers’ Liability Act 1957, those in charge of the area (an organisation or individual, known as the ‘occupier’) must implement whatever reasonable steps are deemed necessary to protect the general public from experiencing harm whilst lawfully accessing their site and services. If they fail and someone is hurt, they could face a public liability claim for damages. This claim is typically filed against the occupier’s insurer.
Who Pays Compensation In Public Liability Claims?
Anyone who operates a space accessible to the general public also needs to carry public liability insurance. This is typically up to the value of £1 million and is intended to compensate anyone who may be injured on the premises or while lawfully using their services. However, this can increase to up to £5 million, depending on the nature of the business.
Can I Make A Claim For An Accident In A Public Place?
In order to have a strong case to claim compensation for a public place accident, you will need to prove that you meet the personal injury claims criteria. You will need to prove that:
- You were owed a duty of care by the party responsible for the space when injured.
- They failed to meet this duty of care.
- As a direct consequence, you suffered harm.
All three criteria need to apply to have an eligible claim for third-party negligence. If you’d like to discuss the criteria for public liability claims in more depth, please carry on reading or you can connect with advisors for free, impartial and no-obligation help.
What Counts As A Public Place?
The exact definition of “public place” stated in Section 9 of The Public Order Act 1936 describes a public place as any highway or premises that the public has (or is permitted to have) access to, whether by way of payment or otherwise. This can therefore include:
- Streets, roads and highways.
- Parks, benches and open spaces (or ‘open access land’).
- Leisure centres, pools or running tracks, both council-run and those operated by a private business.
- Bus and train stations.
- Government buildings open to the public (such as libraries).
- Pubs, bars and restaurants.
- Shops, shopping centres and supermarkets.
Can I Claim For An Accident In A Private Property?
You could have grounds to launch a claim after a no-fault injury on private premises if you still meet the three criteria we discussed above. Some of the places we looked at in our list can be privately run or require membership to access. However, as such, they are still ‘open’ to certain members of the public and health and safety obligations apply.
If you’re not sure whether the area you were injured counts as a public space, speak to our team for guidance.
What Kinds Of Public Liability Claims Can We Help You With?
Our solicitors can confidently represent your public liability claim whatever the exact circumstances. Below we list some general examples of public liability claims:
- A person slips on an unattended spillage in a supermarket. Because the spillage was left without warning signs, the person had a valid claim against the supermarket.
- CCTV footage in a cinema proved that a customer fell on a flight of stairs because of insufficient safety lighting. This made the cinema liable for the costs the person incurred from medical treatments as well as the pain and suffering caused by spinal cord injury.
- The local park (operated by the council) had a sandbox play area that was left with broken glass in it. Because of this, a parent had a valid public liability claim on behalf of their child who suffered cuts.
- The council or local authority failed to respond to complaints about a broken pavement slab which caused an elderly pedestrian to trip and fall. Solicitors successfully proved that the council were aware of the issue and failed to address the problem.
- The owners of a public swimming pool failed to repair broken areas around the pool and as a result, a swimmer slipped and suffered head injuries. Eyewitness testimonials were gathered by solicitors that bolstered the claim and helped it succeed.
- A faulty automatic door on public transport trapped and crushed a commuter’s hand. The person used their medical records to boost the compensation.
The precise circumstances of the public place accident may differ, but the duty of care remains the same. If you can demonstrate that you were not extended the health and safety provision you were owed, our solicitors can help. Call our team to learn more.
How Much Compensation Could I Get?
If you are awarded compensation in your public liability claim, it can be made up of two parts (or heads of loss) called general and special damages.
General damages reimburse the claimant for the physical pain they endured. As well as any psychological harm caused to them in the accident. A negative impact on their quality of life in general, as well as any permanent injury can also be applied a monetary value.
How Is Public Liability Compensation Calculated?
Those responsible for assessing general damages might use medical reports to learn about the severity of the injuries as well as the overall prognosis. They may then consult with publications that offer award guidance like the Judicial College Guidelines (JCG). We have put together an example of entries from this publication below to give you an idea. Please note they are strictly guideline amounts and the first amount is not from the JCG:
Compensation Guidelines
| INJURY | HOW SEVERE? | AWARD GUIDELINES |
|---|---|---|
| Cases of more than one serious injury and Special Damages award. | Serious | Up to £1 million plus. |
| Head/Brain | (a) Very Severe | £344,150 up to £493,000 |
| Neck | (a) Severe (i) | In region of £181,020 |
| Chest | (b) Serious | £80,240 up to £122,850 |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | £73,050 up to £122,850 |
| Severe Leg | (ii) Very Serious | £66,920 up to £109,290 |
| Back | (a) Severe (iii) | £47,320 up to £85,100 |
| Pelvis/Hips | (b) Moderate (i) | £32,450 up to £47,810 |
| Foot | (e) Serious | £30,500 up to £47,840 |
| Hand | (f) Severe Finger Fracture | Up to £44,840 |
Importantly, all personal injury claims have factors that set them apart. Therefore, to obtain a more accurate estimate of compensation owed to you, call our team to learn more about how our solicitors calculate general damages.
In addition to these amounts, you could qualify to claim special damages. Under this head of loss, the person can claim back the financial costs of dealing with injury. Evidence will always be required such as:
- Proof of any loss of earnings caused by the injury, such as your wage slips.
- Medical costs for private care.
- Receipts for travel to appointments.
- Proof of costs paid to anyone who looked after you, including invoices from carers, for childcare or a cleaner.
Speak to our team about assembling evidence for special damages. It could significantly boost the compensation you might receive.
Is There A Time Limit For Claiming Compensation?
A time limit of three years applies for public liability claims as detailed by the Limitation Act 1980. There are circumstances under which this may alter:
- Minors cannot begin a public liability claim themselves until they reach the age of 18. The three-year time frame to claim commences from this birthday.
- The time limit is suspended for those who lack the required mental capacity to claim independently. The three-year time limit can commence from any date that the person regains sufficient mental capacity.
Both of these groups have the option for a claim to commence immediately if the courts allocate a litigation friend. This is usually a parent or concerned party who can perform all the tasks of the public liability claim for them.
If you need to know more about time limits or the role of a litigation friend in public liability claims, please phone our advisory team. Alternatively, the live chat function below provides an immediate response option.
Why Should I Work With A Solicitor From Legal Expert?
You can launch and handle a public liability claim yourself but it may be easier to work with our expert public liability lawyers. Working alongside them, you can expect an array of excellent support services and benefits, such as:
- An accurate calculation of what you might be owed.
- Regular updates about the claim and help with any legal jargon.
- An assertive approach to fighting for your best interests.
- An expert handling of all communication, meeting deadlines and fulfilling the Pre-Action Protocol to settle your claim.
- The peace of mind that comes from knowing your public liability claim is in expert hands and you can focus on getting better.
What Is A No Win No Fee Agreement?
If your claim is eligible, one of our solicitors can provide their services under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). These contracts offer a host of benefits to the person seeking personal injury compensation, such as:
- No immediate solicitors’ legal fees need to be paid.
- As the claim develops, our solicitors require no fees for work carried out.
- If the claim fails, our solicitors ask for no fees for completed services.
- If the claim is successful, a limited percentage is taken from the compensation awarded as a success fee.
- To ensure the person claiming benefits the most from the outcome, this success fee amount is restricted by law to keep it low.
By using a CFA, you could access outstanding legal representation for your public liability claim with no fees until the outcome of the claim is known. If you’re interested in seeing whether our solicitors could help you, you can:
- Call our expert advisory team on 0800 073 8804.
- Or, you could start your claim online by completing our contact form.
- Alternatively, ask the live chat forum a question.
More Information
In addition to our guide about making a public liability compensation claim, these other resources offer more information:
- This guide discusses how our personal injury experts answer public liability FAQ’S
- Also, how to get more money from a personal injury claim here.
- Furthermore, if you suffered a crush injury in public, read here.
External information to help:
- This resource explains when to call 999.
- Also, public liability insurance is explained by the Companies House Blog.
- Lastly, how to request CCTV film of yourself with information provided by the government.
We value your interest in this guide about public liability claims. For any further information on seeking damages for a public liability accident, please feel free to reach out to our advisory team.
