Accidents in Public Places
If you have visited a public place, and, through no fault of your own you have suffered an injury, you may be entitled to compensation through a public liability personal injury claim. This is because the owners and occupiers of buildings and areas which are open to the public have to duty of care with regard to their condition and to prevent any reasonably foreseeable injuries that may occur to members of the public. The most common examples would be if you were to trip over a raised paving tile on a footpath or you slip on a wet floor in a supermarket.
If they fail to maintain these areas through their negligence and an injury is caused then there is potentially a viable claim to be made for personal injury.
The same rules apply to privately owned properties that the public can access; for example supermarkets, banks, gyms etc; as they do to council owned property such as pavements, parks and schools.
Claims against a private body
If you are making a claim against an occupier who owns a building which they have open to the public. For example a restaurant or a supermarket then they are required by law to occupier’s public liability insurance for just such occasions. This means that as long as the accident was the occupiers fault; so they breached their duty of care towards you which led to a reasonably foreseeable accident/injury; then it will be settled by their insurers.
Claims against the Council
If the accident occurred outside in an area that is council owned; for example a car park or on a public footpath; then you would be making your claim against the local authority rather than the insurers. Again you need to make sure that the accident was because of their negligence rather than a mistake that you made causing your injury. For example if you tripped on a broken paving stone causing you to break a limb or you fell down a manhole which had been left open without any warning signs then it is likely you would be able to make a claim.
What to do if you suffer accidents in public places?
To be successful you need to show that another person rather than yourself was responsible for your personal injury. This is to show that they failed in their duty of care towards you. You should try to ensure that you inform the owner of the property that an accident has occurred and made sure it is included in any accident book that they might possess. This means that there is a record of the accident from the outset and you can’t be accused of making it up.
You should also try to take photo’s of the defect which caused your injury to help show that it was not your fault. You should also try and get details from any potential witnesses of the accident as they will only strengthen your case. You also need to retain any receipts for expenses which have occurred because of the injury.
Call us now
For expert advice on the application the law relating to accidents in public places, please contact one of our professional team on 0800 014 8727. The call is free and we are more than happy to discuss the details of your case with you. Alternatively fill out the form to the right and we will call you back at a time suited to you.