Public Liability Compensation Claims Solicitors

What types of accidents can I make a public liability claim for?

The most common types of public liability claims involve slips, trips, or falls, but may also include accidents caused by falling objects or defective equipment.

Often, we speak to clients who want to make a public liability claim after they have suffered injuries caused by the following types of accidents:

• Slips, trips or falls caused by broken, cracked or uneven pavements
• Trips caused by uneven surfaces
• Slips on wet or recently cleaned floors
• Falls on icy surfaces
• Trips or falls from obstructions or trip hazards, such as cables
• Slips from spillages left unattended
• Injuries caused by falling objects
• Injuries caused by poor lighting in public areas
• Injuries caused by uneven steps, inadequately maintained staircases or broken handrails
• Accidents caused by sharp objects
• Burns from spilt food or drink in a café, pub or restaurant
• Park and playground accidents caused by lack of risk assessment or poorly maintained equipment.

What counts as a public place in a public liability claim?

According to UK Law, including the Public Order Act 1986, a public place is any location where members of the public are allowed access, whether or not payment is required.

This includes privately owned places, such as shops, supermarkets, or cinemas, as long as the public is permitted to enter. What matters is not ownership, but who had control of the premises and was responsible for maintaining safety at the time of the accident.

Public liability claims can be made for accidents in both public and privately owned spaces, including:

• Shopping centres, malls, supermarkets and shops, car parks
• Restaurants, cafés, pubs and bars
• Parks and playgrounds
• Leisure centres and gyms
• Public roads and pavements
• Transport stations and terminals
• Workplaces that are open to the public

In some cases, responsibility for safety may sit with a landlord, contractor or managing agent rather than the business operating at the site.

As a general rule, if you were lawfully allowed to be there, the location is likely to be classed as a public place.

Can I make a no win no fee public liability claim?

Yes, you can make a no win no fee public liability claim if you have suffered an accident in a public place.

Our personal injury solicitors provide our legal services on a no win no fee basis, which means you can claim with the peace of mind that you are at no financial risk if your claim is unsuccessful.

No win no fee agreements are also known as Conditional Fee Agreements (CFA). When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf. The policy protects you against any costs incurred relating to your claim. These costs could include the defendant’s legal fees, medical reports, court costs, and other expenses.

Our solicitors will explain how the policy works and what fee may be paid if your claim is successful.

How much compensation can I get for a public liability claim?

The amount of compensation you may receive for a public liability claim will depend on how severe your injuries are and the impact they may have on your life.

There is no fixed compensation amount for a public liability claim, nor is there an average amount, as each claim is unique.

However, payouts for public liability claims can vary from a few thousand pounds for relatively minor injuries to hundreds of thousands of pounds for more serious injuries that may have a substantial long-term impact.

How are public liability compensation claims calculated?

The amount of compensation you may be awarded for a public liability claim is calculated by combining the compensation you may receive for general and special damages.

Compensation for general damages is awarded in relation to the severity of your injuries, while special damages are awarded for any costs you have or may incur in the future.

The Judicial College Guidelines are used to assess general damages. General damages compensate you for the pain, suffering and loss of amenity caused by your injury. They take into account the part of the body injured, the severity of the injury, and the impact it may have on your life.

Compensation for special damages is awarded for expenses you may have incurred or may incur in the future as a direct result of your
injuries.

The amount of compensation you may receive for special damages may include, but is not limited to:

• Loss of earnings or potential future income, including pension
• Medical expenses, such as rehabilitation and ongoing treatment
• Care and support costs, even where care is provided by a family member or friend
• The cost of adaptations you may need to make to your home
• Travel and motor expenses, including journeys to appointments and parking costs
• Out-of-pocket expenses incurred because of your injuries.

What do I need to prove to make a public liability claim?

To be successful when making a public liability claim, you will need to prove that the person or organisation responsible for the place where the accident happened where negligent in their duty of care, and this was the cause of your injury.

When you contact our personal injury solicitors, we will let you know if we think you have grounds to claim compensation and how much you may be entitled to receive.

What information do I need to start a public liability claim?

To support your claim, our specialist solicitors will need to build the strongest possible case on your behalf. To do so, our solicitors may ask you how the accident happened and may start to compile evidence to help with your claim.

In most cases, we may ask about the following:

• Details of where and when the accident happened
• The type and level of injuries you suffered, or may still be suffering
• Who do you think may have been at fault for the accident
• If you reported the accident, to whom
• If any accident reports or Police reports were made
• If there is any evidence of the accident scene, such as photographs, video or CCTV
• If there were any witnesses, and if you have any contact information for them
• Details of any medical treatment you have received

Don’t worry if you do not have this information. Once instructed, our solicitors can help compile this information on your behalf.

How long do I have to make a public liability claim?

In the majority of cases, you will have up to three years from the date of the accident, or three years from the date you became aware of your injuries, to start your claim.

The three-year time limit is set by the Limitation Act 1980. However, there are a few exceptions when the time limit can be extended. They are as follows:

The person injured lacks the mental capacity to claim

The timeframe for claiming is extended until the person is able to claim. If this is not possible, a trusted family member may claim on their behalf.

The person injured was a child

For claims involving minors, the three-year time limit begins once they turn 18, meaning they have up to their 21st birthday to start a claim. A parent or legal guardian can claim on their behalf before their 18th birthday.

We recommend that you start your claim as soon as possible, as this can help us collect all the evidence we need to present the strongest case.

How long does a public liability claim take?

The amount of time your public liability claim may take to settle will depend on how complex the case is.

In most cases, the time it takes for a claim to settle will depend on how straightforward it is to establish liability and how quickly both sides can agree on the level of compensation that should be awarded.

As each claim is unique, unfortunately, there is no specific answer. However, our specialist solicitors will be able to advise you on how long your claim may take once we know a little more about your accident.

Who is a public liability claim made against?

A public liability claim is usually made against the organisation responsible for maintaining safety in the area where the accident occurred.

This could include a local authority, a business owner, or another organisation responsible for the health and safety of those on the premises. In most cases, the claim is handled through their public liability insurance.

Responsibility does not always rest with the most obvious party. For example, if a contractor carried out cleaning, maintenance, or repairs, liability may rest with the contractor rather than the property owner.

Under the Health and Safety at Work etc. Act 1974, organisations that allow the public onto their premises have a duty to take reasonable steps to protect them from harm. If this duty is breached and someone is injured, you may be able to make a claim for compensation.

Can I still claim if the owner of the place where I was injured doesn’t have insurance?

Yes, you can still make a public liability claim even if the person or organisation responsible does not have public liability insurance.

Public liability insurance is not compulsory under UK law, so there may be situations in which the party at fault is uninsured.

If this happens, a claim can still be brought directly against the individual or organisation responsible for your injury, rather than their insurer.

This can make recovering compensation more complex, particularly if the responsible party lacks the funds to pay damages. However, this does not automatically prevent a claim.

We can talk you through how this may affect your case and help you understand the potential risks before you decide how to proceed.

I’ve had an accident in a public place. What should I do next?

If you have been injured in an accident in a public place, there are a few steps you can take to help support a public liability claim.
Where possible, you should:

• Report the accident to the person in charge or the property owner as soon as it happens
• Ask for the incident to be recorded in an accident book, if one is available
• Make a note of the names and contact details of any witnesses
• Ask if there is any CCTV footage of the accident scene
• Take photographs and video of the area where the accident occurred, including any hazards involved

Taking these steps can help preserve important evidence and make it easier to establish what happened, should you later decide to pursue a public liability compensation claim.