This guide explores the duty of care that the parties in control of public places have to visitors and when you could be eligible to start a public liability claim following an accident in a public place.
We examine the evidence you can use to support a potential personal injury claim, as well as explain how personal injury compensation is calculated. We have also included some hypothetical scenarios to illustrate how a public accident could occur.
At the bottom of this guide, you will see an overview of the benefits of starting your potential claim with one of our expert solicitors under the specific type of No Win No Fee contract that they can offer.
Frequently Asked Questions On Public Liability Claims
Our team of advisors can provide further guidance at any time. You can also get your eligibility to start a claim assessed free of charge. Get in touch today using any of the contact information given here:
- Call our team on 0800 073 8804.
- Complete our “Claim Online” form using this link.
- Click the live chat button on your screen for a quick response to your queries.
Select A Section
- Am I Eligible To Make A Public Liability Claim?
- What Are The Most Common Public Liability Claims?
- How Do I Claim Against A Public Place Occupier?
- How Much Could My Public Liability Claim Be Worth?
- Can I Make A No Win No Fee Public Accident Claim?
- Public Accident Claim Resources
Am I Eligible To Make A Public Liability Claim?
The party in control of a public place (the occupier) has a duty of care to all visitors to the premises. The occupier must take steps to ensure the reasonable safety of those visitors, as per the Occupiers’ Liability Act 1957.
To start a public liability claim, you will need to show the following:
- The occupier of a public place owed you a duty of care as a visitor to the premises.
- The occupier failed to take steps to ensure your reasonable safety, thus breaching their duty of care.
- This breach caused an accident in which you were injured.
Is Public Liability Insurance Compulsory?
Per the Association of British Insurers, public liability insurance is taken out by a business to cover the costs of potential claims made by members of the public for incidents that occur in connection with that business’ activities. While not compulsory for all businesses or organisations, if members of the public or clients can visit the premises, public liability insurance is a recommended expenditure.
What Is The Time Limit When Making A Public Liability Claim
Public liability claims need to be started, in most cases, within 3 years from the accident date as set out by the Limitation Act 1980. Exceptions to this in certain circumstances can apply, and an extension could be granted.
To get further information regarding the personal injury claims time limit, and to find out if any exceptions apply to your particular claim, contact our advisors today via the details given above.
What Are The Most Common Public Liability Claims?
“Public Places” can refer to shops, business premises, recreational facilities such as cinemas or sports centres, a public park, or the road network. Below we have provided some illustrative examples of how an occupier could fail to uphold their duty of care and cause an accident to occur.
- A shop sign was in a state of disrepair. A member of staff had reported that the sign was in need of replacement, but the shop owner had not taken measures to address the hazard. The sign fell as you were leaving the shop, hitting you on the head and causing serious brain damage.
- A cafe provided incorrect allergen information on their menu. You subsequently suffered a severe allergic reaction.
- A drink had been spilt at the top of the steps in a cinema. Staff had not cleaned up the hazard nor posted a warning sign. You slip and fall down the stairs, sustaining a broken ankle.
There are many other ways an occupier could fail to keep visitors safe. Contact our advisors today for a free assessment of your particular circumstances.
How Do I Claim Against A Public Place Occupier?
Making a public liability claim will require you to submit evidence. Some possible evidence you could collect includes:
- Seeking medical attention after an accident is always recommended. Not only is it important to get your injuries treated by a medical professional but it will produce medical records that can show the extent of your injuries.
- Keeping a record of what treatment you undergo, making particular note of the physical and mental symptoms you experience.
- You can request CCTV footage of yourself. This can be useful in showing how the accident occurred.
- You can also take photographs of your injuries, where the accident took place and what caused it.
- Anyone who saw the accident take place could provide a witness statement so make sure you have their contact information.
Support with gathering evidence for your claim could be provided by one of our specialist solicitors. Get in touch with our advisors for a zero-cost assessment of your eligibility to begin a claim. If our team decides you have valid grounds to proceed, one of our solicitors could assist with collecting evidence. Speak to an advisor today using the contact information given below.
How Much Could My Public Liability Claim Be Worth?
A successful public liability claim will see you awarded personal injury compensation comprised of up to two heads of claim. These are called general and special damages. Compensation for the physical and psychological impacts is awarded under general damages, whereas special damages could be awarded if you have sustained financial losses.
Those responsible for calculating a potential value for general damages in your claim can refer to your medical documents alongside the figures from the Judicial College Guidelines (JCG). This publication from the Judicial College contains guideline award brackets for a wide array of injuries. A selection of these brackets is shown in the table here. The top entry in this table was not taken from the JCG.
Compensation Table
Please take note that the JCG values in this table are guidelines, not fixed payouts.
| Type of Injury | Severity | Guideline Amount | Notes |
|---|---|---|---|
| Multiple Severe Injuries plus financial losses | Very Severe | Up to £1,000,000+ | Multiple serious injuries with loss of earnings and other damages. |
| Paralysis | Tetraplegia (a) | £324,600 to £403,990 | Upper and lower body paralysis. Awards within this bracket will depend on the level of pain, sensory impairment and the degree of independence |
| Paraplegia (b) | £219,070 to £284,260 | Paralysis of the lower body. Awards for paraplegia will depend on age and life expectancy, impact on sexual function, the extent of any pain and the degree of independence. | |
| Brain Damage | Very Severe (a) | £282,010 to £403,990 | The top end of this bracket will be appropriate for cases where there is little to no environmental response and no language function. |
| Moderately Severe (b) | £219,070 to £282,010 | Very serious disability requiring full time professional care. The level of award will depend on life expectancy, degree of independence, extent of physical limitations. | |
| Epilepsy | Established Grand Mal (a) | £102,000 to £150,110 | Awards for epilepsy depend on whether attacks are controlled by medication, the impact on work and social life and associated behavioural problems. |
| Neck Injuries | Severe (a)(ii) | £65,740 to £130,930 | Serious fractures of the cervical spine resulting in severe disabilities. |
| Digestive System | Non-traumatic Injury (b)(i) | £38,430 to £52,500 | Acute pain, fever, vomiting and diarrhea resulting from severe toxicosis and necessitating hospital admission for days or weeks. Significant impact on work and social life. |
| Ankle Injuries | Severe (b) | £31,310 to £50,060 | Injuries necessitating a long recovery period with significant residual disabilities including severely limited walking ability. |
| Moderate (c) | £13,740 to £26,590 | Torn ligaments. fractures and other injuries that give rise to disabilities such as difficulty walking on uneven ground or standing for long periods. |
Can You Claim Special Damages?
Financial losses associated with your injuries can be reimbursed under special damages, the second of the two heads of claim. Some possible costs that could be reimbursed as part of your claim include:
- Lost earnings.
- Transport costs.
- Domestic Care.
- Home Adaptations.
- Out-of-pocket medical expenses.
Claiming special damages will require supporting evidence. Make sure you hold onto your payslips, receipts, travel tickets or other documents that show what monetary losses you have experienced.
To get a more detailed idea of what your potential claim could be worth, contact our team of advisors for a no-cost consultation regarding your particular circumstances using the details given below.
Can I Make A No Win No Fee Public Accident Claim?
To begin your public liability claim, talk to one of our advisors for a free assessment of your eligibility. If our advisors decide you have valid grounds to proceed, one of our expert solicitors could offer to take up your claim under a Conditional Fee Agreement.
A Conditional Fee Agreement, also referred to as a CFA, is a No Win No Fee contract that offers considerable benefits. In most cases, you will not pay a fee for the solicitor to start work on your claim, nor will you pay for that work during the claims process itself. If your claim does not succeed, you will likewise not pay a fee for the solicitor’s services.
You will, however, pay a fee if the solicitor wins your claim. If your claim succeeds, you will receive personal injury compensation. The solicitor will take a percentage amount of this compensation. This is referred to as a success fee, and the maximum percentage that can be charged is capped by law. What this means is most of any compensation award is yours to keep.
For more information on starting a public liability claim, or to get a free assessment of your particular circumstances, contact our team today via:
- Phone on 0800 073 8804.
- Complete our “Claim Online” form here.
- Click the live chat button on your screen.
Public Accident Claim Resources
See some of the other public liability claim guides on our website:
- You can learn more about how to sue a company after an accident with this guide.
- Read about the benefits of working with one of our slip trip or fall solicitors for your personal injury claim.
- Find out how to start a personal injury claim if you slipped on water in a supermarket.
We have included these links to external pages you may find helpful:
- Administering first aid after an incident – NHS resource.
- You can read about claiming statutory sick pay on this Government webpage.
- Use this online tool from the Government to report a pothole in your area.
Thank you for reading our FAQ guide on starting a public liability claim. Our team of advisors can provide answers to any questions you may have, as well as assess your eligibility to claim free of charge. You can contact them at any time using the details given above.
