Public liability claims are a type of personal injury claim made against the party in control of a public place that breached their duty of care leading to a member of the public sustaining an injury in an accident on their premises. To start our guide, we explain the duty of care owed by those in control of public spaces and the eligibility criteria that need to be satisfied in order to seek compensation for your injuries.
To aid your understanding of how such an accident could occur, this guide includes some example scenarios of breaches in this duty that could result in you sustaining injuries. We have also included an explanation of how personal injury compensation is calculated to address the different impacts of your injuries.
Towards the end of our guide, you will find a short explanation of the No Win No Fee agreement our solicitors offer their services under and the advantages you could experience if you choose to start your claim with them under such a contract.
Our advisors can provide further information if you have any questions about public liability claims. They can also assess your eligibility to start a claim in your particular circumstances at zero cost. Get in touch today via the following:
- Call our advisors on 0800 073 8801.
- Alternatively, you can contact us through our website.
- This page also contains a live chat function which you can access at the bottom of your screen.
When Could You Make A Public Liability Claim?
The party who is in control of a public place, referred to from here onwards as the “occupier” is bound by the Occupiers’ Liability Act 1957 to take steps to ensure the reasonable safety of visitors to their premises using the space for its intended purpose. Failing to uphold this duty of care can result in accidents where visitors are injured.
The eligibility criteria to begin a personal injury claim following an accident in a public place are as follows:
- You were owed a duty of care by the occupier of a public place as a visitor to that premises.
- The occupier failed to uphold this duty of care by not taking steps to ensure the reasonable safety of visitors.
- This failure was the cause of an accident in which you sustained injuries.
If the three points above occurred, this is called negligence in tort law. You could be eligible to make a claim for an injury suffered in a public area if you can prove negligence occurred.
Is There A Time Limit On Public Liability Claims?
In most cases, personal injury claims operate on a limitation of 3 years counted from the date the accident took place. This is established by the Limitation Act 1980. Exceptions to the general limit can apply and in these cases an extension can be granted. For example:
- Injured persons who were minor when the accident took place have the 3-year limit counted from their 18th birthday. Before this point, it is paused.
- Those lacking sufficient mental capacity to pursue the claim themselves have the time limit paused indefinitely. If they recover their mental capacity, they will have three years starting from the recovery date to pursue legal action.
A suitable adult can start a personal injury claim on behalf of someone else while the time limit is paused by applying to act as their litigation friend.
You can find out more about the time limit, and if any exceptions are relevant to your potential claim by contacting our advisors at the number above.
