Last updated 5th September 2024. Welcome to our guide on how to make a public liability claim. First of all, we explain what public liability law is and when someone would be eligible to claim compensation.
Then, we look at public liability claim examples with what types of accidents could potentially occur in a public place. Following this, we discuss what types of evidence can support your claim.
Towards the end of this guide, we discuss how personal injury compensation is calculated and what the benefits are of No Win No Fee agreements, which is the basis on which our public liability lawyers work.
Continue reading this guide to see what the public liability claims process entails and to find out how our expert solicitors can potentially help you. To have a chat with our team for free, please use one of the contact options below:
- Call on 0800 073 8804
- Start your claim online
- Use the live chat feature for instant support
Select A Section
- What Is Public Liability?
- Could I Make A Public Liability Claim?
- What Types Of Accidents Can Happen In Public Places?
- What Evidence Do I Need For My Public Liability Claim?
- Compensation Payouts In Public Liability Claims
- Make A Public Liability Claim On A No Win No Fee Basis
- Learn More About Public Injury Claims
What Is Public Liability?
Public liability law accounts for personal injuries that happen in a public place. Public liability claims are made against the person or organisation that controls that area. For example, you might suffer harm in an accident that isn’t your fault when you are:
- In a gym or at a sports venue.
- At a shopping centre.
- In a restaurant, café or pub.
- In a public park or walking on a public road.
- Staying in a caravan park, campsite or hotel.
Continue reading to learn about the eligibility criteria for a public liability claim. This will help you understand whether you are able to seek compensation for an accident suffered while in a public place.
If you believe you have grounds to make a public injury claim against a person or organisation whose negligence led to you being hurt, just call us today to get a free case evaluation.
What Is Public Liability Insurance?
Public liability insurance is a type of insurance that provides financial cover for individuals, businesses and organisations whose business comes into contact with members of the public. It is intended to cover them in case one of those people is injured due to negligence.
Could I Make A Public Liability Claim?
In order to make a public liability claim, you must be able to prove that your injuries were caused by negligence. This means that:
- You were owed a duty of care
- This duty was breached
- Because of this, you were injured
The Occupiers’ Liability Act 1957 states that all visitors of spaces that the public can access are owed a duty of care by the controller of the space. This means that the controller must take steps to ensure the reasonable safety of visitors while they are there. If they fail to do so, and you are injured, this is negligence.
Is There A Time Limit To Make A Public Liability Claim?
It’s also important to ensure that your claim is started within the time limit. Under the Limitation Act 1980, this is usually three years from the date of the accident. However, there are some exceptions to the time limit. Our advisors can offer more information on these exceptions when you get in touch.
What Types Of Accidents Can Happen In Public Places?
When you are in a public space, you are owed a duty of care by the controller of that space. Should they breach this, and you suffer an injury as a result, you might be eligible to make a public injury claim.
Examples of accidents that could occur in a public space include:
- A slip, trip and fall could occur, which can result in a sprained ankle. This could occur in a supermarket if liquid is spilt on the floor and the supermarket does not have an adequate policy in place to deal with the risk.
- A restaurant may not have adequate allergen information displayed, which could result in an allergic reaction.
- Faulty gym equipment could result in a crush injury. The person in control of the gym may fail to check the equipment for faults resulting in its continued use.
- Falls in a shop
- Accidents in public places, such as falling on uneven pavements
- Falls in buildings caused by inadequate lighting conditions
- A slip, trip or fall in a car park that hasn’t been gritted against ice
You can have different types of accidents while out in public that cause a variety of injuries, such as slips, trips, and falls on icy pavement that could lead to a broken hip or fractured wrist. Or falling down the stairs in a multi-story car park could lead to a serious head injury, in addition to other injuries.
If you have any questions about public liability claims, please contact an advisor from our team.
What Evidence Do I Need For My Public Liability Claim?
There are various aspects of your public liability claim that you may need to prove. For example, it’s important that you can prove your injuries were caused by negligence. As such, it can be helpful to gather evidence to support your claim, such as:
- CCTV footage: Many businesses and public places have CCTV systems installed. You may be able to request footage of your accident or the circumstances that led up to it in order to support a claim for negligence.
- Witness contact details: The contact details of potential witnesses can help as they ensure that statements can be taken by a professional at a later date.
- Photographs: Photographs of the accident site or of your injuries can also be helpful in supporting your case.
- Medical records: Medical records can be helpful in proving the extent of your injuries, the treatment you will need and how this may affect your life.
A solicitor may be able to help you in collecting this evidence. They can also help you ensure that all areas of your claim are covered. To find out if one of our solicitors could help you, get in touch with our team today.
Compensation Payouts In Public Liability Claims
Compensation payouts in public injury claims can vary from case to case because each claim has its own individual circumstances. If your claim succeeds, you could receive up to two heads of compensation: general damages and special damages.
General damages cover the pain and suffering you go through because of your injuries. When calculating awards for this head of claim, solicitors, various legal professionals and others responsible for valuing public liability claims can refer to the Judicial College Guidelines. This document provides settlement guidelines for a number of illnesses and injuries, some examples of which you can find below (the top figure is ours however and not from the JCG).
| Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple serious injuries and financial losses | Serious | Up to £500,000+ |
| Leg | Severe (b) (i) | £117,460 to £165,860 |
| Hip and Pelvis | Severe (a) (i) | £95,680 to £159,770 |
| Foot | Very severe (c) | £102,470 to £133,810 |
| Ankle | Very severe (a) | £61,090 to £85,070 |
| Hand | Serious (e) | £35,390 to £75,550 |
| Wrist | Complete loss of function (a) | £58,710 to £73,050 |
| Elbow | Severely disabling (a) | £47,810 to £66,920 |
| Shoulder | Severe (a) | £23,430 to £58,610 |
Can I Claim For Financial Losses?
Any financial losses caused by your injuries could be claimed back under special damages. This head of claim allows you to be reimbursed for costs and losses such as:
- Loss of earnings
- Home adjustments
- Care costs
- Medical bills
- Prescription costs
- Mobility aids
It’s important to provide evidence of these losses if you wish to claim for them. Because of this, retaining any invoices, bills, or receipts that are related to your injuries can be beneficial. Call one of our team members today for a free claim valuation.
Make A Public Liability Claim On A No Win No Fee Basis
One of our personal injury solicitors with experience in public liability claims could offer their legal services to you on a No Win No Fee basis. In particular, they might offer a Conditional Fee Agreement (CFA). With a CFA, you usually do not need to pay any upfront fees to your solicitor, nor do they ask for any ongoing fees.
Usually, the only fee you have to pay under a CFA is a success fee, and this is only if your claim succeeds. This fee is taken directly from your compensation, though the amount has a legislative cap to help ensure that you keep the majority of your award.
Contact A Public Liability Injury Claim Specialist
Get in touch with our team today to find out if one of our solicitors could help you make your claim. An advisor from our team could give you free advice and evaluate your claim through a free consultation.
If they consider that you have good grounds to pursue a compensation claim, they could connect you to one of our solicitors. To get started:
- Call on 0800 073 8804
- Start your claim online
- Use the live chat feature for instant support
Learn More About Public Injury Claims
For more helpful articles on personal injury claims, we recommend:
- Betting Shop Personal Injury Claims
- Tattoo Injury Claims
- Making A Personal Injury Claim Against A Company That Was Dissolved
Or, for further resources:
Get in touch with our team today to see if you could start a public liability claim.
