By Jo Anderson. Last Updated 31st October 2024. This guide will explore when you could make a public liability personal injury claim. The process of making this type of claim can allow you to seek compensation for the harm you have sustained in a public place accident for which someone else was liable.
The party in control of a public space has a duty of care to ensure the reasonable safety of those visiting the space for its intended purpose. If this duty is breached, it could lead to a member of the public experiencing harm. We will explore the duty of care owed to you and how it could be breached further in this guide.
Additionally, we will discuss the evidence you could gather to strengthen your case and other steps you can take as part of the personal injury claims process.
Every claim is unique due to the specific circumstances of each case. As such the compensation you could receive will vary. However, we will discuss the compensation you could be awarded following a successful claim and how this is often calculated.
Furthermore, we will discuss the benefits of working with a No Win No Fee solicitor.
For more information, you can get in touch with our team of advisors. To reach them, you can:
- Call 0800 073 8801
- Contact us via the form on our website
- Speak with an advisor via the live chat function below.
Jump To A Section
- Eligibility To Make A Public Liability Personal Injury Claim
- What Injuries Could You Claim For?
- What Evidence Could Help You Make A Personal Injury Claim?
- Settlements For A Public Liability Personal Injury Claim
- Why Choose Our No Win No Fee Public Liability Claim Solicitors
- Learn More About Public Liability Claims
Eligibility To Make A Public Liability Personal Injury Claim
To begin a personal injury claim for injuries sustained in a public place accident, you must prove that negligence occurred. This involves the party in control of a public space breaching the duty of care they owed you and causing you either physical or psychological harm as a result. If you can prove this has occurred, you could be eligible to seek compensation.
The Occupiers’ Liability Act 1957 outlines that the party in control of a public space must ensure the reasonable safety of those visiting and using the space. This could be the owner of a shop, or the local authority. Examples of the steps they can take to uphold their duty of care include:
- Carrying out regular risk assessments
- Addressing any hazards, including those that have the potential to cause harm
- Providing staff with adequate health and safety training
A failure to do so could see you experience harm in an accident.
Limitation Periods For Personal Injury Claims
The Limitation Act 1980 sets out the time limit in place for starting a personal injury claim. The general time limit is three years from the date of the accident or the date you connected a breach of duty with the harm you sustained.
There are some exceptions to this time limit, which depends on the individual circumstances of the claim. For example, if the injured person is under the age of 18, the time limit is paused until they turn 18. From this point, they will have three years to start their own, provided a claim hasn’t already been made on their behalf. While the time limit is paused, a litigation friend can be appointed by the courts to claim on the injured person’s behalf.
Similar exceptions can be made if the person lacks the mental capacity to claim. Find out more about the time limits and when you could be eligible to seek compensation by calling the number above.
What Injuries Could You Claim For?
There are lots of injuries that could be involved in a public liability claim. Some examples could include:
- Brain or head injuries – Someone may have fallen from a height due to a balcony in a hotel collapsing, or suffered a minor head injury from a shelf collapse at a supermarket.
- Lacerations – Improperly maintained furniture, such as broken chairs in a hotel room, could cause cuts, as could broken bottles in a nightclub or bar.
- Sprains and strains – Soft tissue injuries could be caused by slips, trips and falls due to improperly maintained flooring or spillages that have not been cleared up or signposted.
- Broken bones/fractures – If enough force is applied to bones, they could fracture. Trips, slips, falls and crushing accidents could lead to such injuries.
- Illnesses – Improper hygiene and maintenance in public places could also lead to illness. Examples could include carbon monoxide poisoning, legionnaires disease or even food poisoning.
It is important to note that not all injuries could result in a public liability injury claim. You would need to prove that the relevant party responsible for the place had breached a duty of care towards you, causing your injury. To check your eligibility to claim, you can contact an advisor.
What Evidence Could Help You Make A Personal Injury Claim?
When making a claim following an accident in a public place, gathering evidence to support your case can help. Examples of the evidence you could provide includes:
- CCTV footage of the accident.
- Medical evidence including hospital records, doctors reports and prescriptions.
- Photographs of your injuries and the scene where the accident occurred.
- Contact details of witnesses that could provide a statement at a later date.
If you’re unsure about the evidence you could collect, you can get in touch with an advisor from our team. They can determine if you’re eligible to claim and if you have a valid case, could connect you with one of our solicitors. Our solicitors have experience handling claims similar to your own and can help you gather sufficient evidence as well as guide you through the different stages of the claims process. For more information, get in touch using the number at the top of the page.
Settlements For A Public Liability Personal Injury Claim
When a public liability personal injury claim is successful, there are two heads of claim that could potentially make up the compensation settlement. These heads of claim are known as general and special damages.
General damages compensate you for the emotional and physical impacts of your injury caused by a breach of duty. This is awarded to all successful claimants.
Some factors that are considered when general damages are being calculated include:
- Loss of amenity.
- Pain severity.
- How long recovery will take.
You could be invited to have an independent medical assessment during the claims process. Legal professionals can use the reports from this, plus the Judicial College Guidelines (JCG), to also help calculate your general damages.
The JCG publishes guideline compensation amounts for a variety of illnesses and injuries.
Guideline Compensation Table
In the table below, you can find some injuries that could possibly be sustained following an accident in a public space. These injuries and the guideline compensation amounts for each are from the JCG.
However, it is important to know that the top amount is not out of the JCG. Also, none of these amounts can be guaranteed if your specific public liability personal injury claim is successful. This is because all claims are unique.
| Injury | Guideline Compensation Bracket | Details |
|---|---|---|
| More than one injury that is serious, plus special damages | Up to and above £1,000,000 | An award for sustaining more than one injury that is serious, plus financial losses such as medical expenses and care costs. |
| Very Severe Brain Damage (a) | £344,150 to £493,000 | For cases in this bracket, the person may be able to follow basic commands and return to a normal sleep and wake pattern. However, there is a need for full-time nursing care. |
| Moderately Brain Damage (b) | £267,340 to £344,150 | The person will have a very serious disability that is either physical or cognitive. They will also be substantially dependent on others and need constant professional care. |
| Severe Back Injury (a) (i) | £111,150 to £196,450 | The most severe back injuries will involve damage to the spinal cord and nerve roots, causing severe pain and disability. |
| Severe Neck Injury (a) (i) | In the region of £181,020 | Injuries associated with incomplete paraplegia are included in this bracket. |
| Moderate Back Injury (b) (i) | £33,880 to £47,320 | A wide range of injuries are covered in this bracket including a compression or crush fracture affecting the lumbar vertebrae. |
| Less Serious Leg Injury (c) (i) | £21,920 to £33,880 | An incomplete recovery from fractures or serious soft tissue injuries. |
| Moderate Ankle Injury (c) | £16,770 to £32,450 | Fractures and tears to the ligaments causing a less serious disability are included in this bracket. |
| Arm Injury (d) | £8,060 to £23,430 | A simple fracture of the forearm. |
How Special Damages Could Also Compensate You
Special damages compensate you for the financial impacts of your injury caused by a breach of duty. However, this isn’t awarded to all successful claimants.
Here are some types of financial losses you could have following a public place accident:
- Lost earnings if you’ve been unable to work while recovering from your injury.
- Medical expenses, such as prescription costs.
- Domestic care costs.
To receive special damages, you must provide evidence of your financial losses with bank statements, invoices, receipts, and payslips.
For more information about public liability claim examples and how personal injury compensation is calculated, please contact us today.
Why Choose Our No Win No Fee Public Liability Claim Solicitors
You may be interested in working with one of our No Win No Fee solicitors. They can offer you a Conditional Fee Agreement (CFA) which is a type of No Win No Fee contract that allows you to access their services, typically, without paying for them upfront, while the claim is ongoing or if the claim fails.
If your claim is a success, you will pay a success fee from your compensation. This fee is subject to a legal cap, ensuring that you keep the majority of the award.
Contact Us
If you need further information about whether you’re eligible to make a personal injury claim for a public place accident and the process of doing so, our advisors are on hand to assist you. They can offer free legal advice 24/7 and answer any questions you might have. To get in touch, you can:
- Call 0800 073 8801
- Contact us via the form on our website
- Speak with an advisor via the live chat function below.
Learn More About Public Liability Claims
You can find more of our guides relating to public liability claims below:
See below for some external sources that may be of use to you.
- NHS – First Aid
- Royal Society for the Prevention of Accidents – Fall Prevention
- GOV – Compensation Recovery Unit
Thank you for reading our guide on when you could start a public liability personal injury claim. Please don’t hesitate to reach out to our team for further information.
