Have you suffered an injury on public property due to third party negligence? You may be eligible to make a public liability claim if you can prove it wasn’t your fault.
This article will explain what a public liability claim is, as well as how much compensation you could receive if your claim is successful. We will also provide examples of claims, and explain the advantages of a Conditional Fee Agreement.
Injuries in a public place can be a stressful and unnerving experience that can affect your quality of life. Injuries can range from minor to severe and impact your physical and mental wellbeing, as well as your working and social life.
Contact our advisors today to find out whether you are eligible to make a public liability claim. They could pass it to our panel of No Win No Fee solicitors who can help you start the claiming process. You can get in touch by:
- Calling us at the number at the top of the page
- Using our live chat
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- What Is A Public Liability Claim?
- How Much Could I Get For A Public Liability Claim?
- Public Liability Claim Examples
- Evidence For Public Liability Claims
- How Much Does It Cost To Have A No Win No Fee Solicitor?
- Read More Related To Public Liability Claim Examples
A public liability claim is a type of personal injury claim and is made when you are injured on public property due to the negligence of the party who controls the space.
According to the Occupiers’ Liability Act 1957 (OLA), all members of the public, when using a public space for its intended purposes, are owed a duty of care by the party that controls the area. You could make a claim if you sustained an injury due to the occupier (controller) breaching their duty of care. For example, floors should be cleared of obstructions such as spills or uneven walking surfaces in shopping centres.
Public Liability Statistics
According to the Department for Work & Pensions, under the compensation recovery unit performance data, the number of public liability cases amounted to 51,286 in 2020/21. The amount of reported incidents has declined since 2010/11 with 94,872 cases reported and this accounts for an overall 45% decrease and the lowest level of reported cases in a decade.
You would receive compensation if your claim is successful; however, the amount you could receive depends on factors such as the type of injury sustained and the severity. The Judicial College Guidelines (JCG) is a publication that includes brackets of potential compensation for general damages, which cover the pain and suffering sustained. The following table is an example of possible compensation brackets for varying injuries:
Injury Compensation Notes
Minor brain or head injury (e) £2,070 to £11,980 Minimal brain damage with award affected by initial severity, recovery period, the extent of residual symptoms, headaches.
Chest injuries (g) Up to £3,710 Rib fractures or soft tissue injuries cause serious pain and short-term disability over weeks.
Minor neck injury (i) £4,080 to £7,410 Full recovery within one to two years.
Moderate back injury (ii) £11,730 to £26,050 Ligament disturbance and muscles leading to a backache, soft tissue injuries causing prolonged exacerbation/acceleration of back conditions usually by five years. Prolapsed discs needing laminectomy or causing relapses. Award depends on severity, pain, treatment, symptoms, and impact on quality of life.
Minor shoulder injury (i) £4,080 to £7,410 Soft tissue injury with notable pain, but near-complete recovery in less than 2 years.
Fracture of clavicle (e) £4,830 to £11,490 Award dependent on the extent of fracture, disability, symptoms, permanence of symptoms and anatomical displacement of the union.
Moderate pelvis and hips injury (i) £24,950 to £36,770 Notable injury to the hip or pelvis but no major permanent disability and future risk is not great.
Simple fractures of the forearm (d) £6,190 to £18,020 Simple fractures to the forearm.
Less severe elbow injury (b) £14,690 to £30,050 Function impairment without major surgery or notable disability.
Wrist injury (f) £3,310 to £4,450 Very minor undisplaced or minimally displaced fractures and injuries to the soft tissue needing plaster or bandage for weeks. Full recovery in a year.
As part of your public liability claim, you may be eligible for special damages which cover the costs associated with your injury and can include:
- Loss of income and future earnings
- Travelling to medical appointments
- Child care costs
Contact our advisors today for free legal advice on claiming compensation in your public liability claim.
As previously mentioned, if your injury was a result of third party negligence then you may be able to claim. The OLA states that, under a duty of care, the liable party must provide a reasonably safe environment for the reason for visiting including:
- Preparing for children who can be less cautious than adults.
- Accounting for visitors to safeguard themselves against special risks that are unusual in the space.
However, if you’re injured on the premises, that does not mean you are immediately eligible to make a claim. The OLA states that:
- If a visitor was warned of a risk but is still injured, the warning does not excuse liability, unless the warning was enough to enable reasonable safety.
- If a visitor is injured due to faulty work, construction, maintenance or repair by an independent worker, the occupier is not to be treated as more answerable for the danger if they acted reasonably in entrusting a competent independent contractor had taken reasonable steps to ensure work had been carried out to an adequate safety standard.
In order to make a claim, you would need to collect evidence as you must prove that third-party negligence caused you harm. A No Win No Fee lawyer can help make this process feel easier by providing legal guidance. Some examples of evidence include:
- Medical records – Seek the medical help you need to ensure your wellbeing and safety. When you do this, any notes or reports made by a medical professional can support your claim.
- CCTV footage – You can ask the occupier for CCTV footage.
- Photographs – Take pictures of the accident site and your injury to document the severity.
- Witness details – Take witness contact details so a professional can collect statements later to strengthen your case.
You may also have a medical assessment, the report from which can help strengthen your claim. After an independent healthcare professional checks relevant medical records and your injuries, they produce this report. It includes information on:
- The severity of your injuries.
- Whether they’re consistent with injuries that coul;d be caused by the accident.
If you choose to use the services of a solicitor, they would use the report when valuing your claim. It can also act as evidence.
Contact our advisors for legal guidance. This can be important as they can help you when collecting evidence as it is vital to prove that the third party has breached their duty of care. If you can prove their negligence then you could have grounds for a claim.
When making a public liability claim it could be helpful to hire a No Win No Fee lawyer as the law can be complex to navigate.
A No Win No Fee agreement, also known as a conditional fee agreement (CFA) can have many advantages when claiming. Under a CFA, a lawyer won’t require an upfront fee and if your claim fails, then you pay none of their legal fees.
Your lawyer will only take a success fee if your claim succeeds. A success fee is a small, legally-capped percentage of your compensation.
Make A Public Liability Claim
Contact our advisors today to find out whether you have grounds for a claim. If your case is valid it can be forwarded to our panel of No Win No Fee solicitors to begin the claiming process. Get in touch by:
- Calling us at the number at the top of the page
- Using our live chat
For more informative links:
- How do I know if I’ve broken a bone?
- Can you receive Statutory Sick Pay?
- Royal Society for Prevention of Accidents
- Can I Sue My Doctor For Negligence?
- How Can I Find No Win No Fee Solicitors?
- The Complete Guide To Making Accident At Work Claims In The UK
- A Guide To No Win No Fee Claims
- What Is A Road Traffic Accident Claim?
Contact our advisors for free legal advice on public liability claims.
Writer Jack Evans
Publisher Ruth Vacanti