Public Liability Claims

If this other party was negligent in some way and this caused an accident which led to you being injured then claiming for compensation could be the first step toward getting your life back on track. It can never fully make up for the pain and distress of being injured, but it can mark the fact that you’ve been let down by negligence, as well as making sure that your injuries don’t leave you financially worse off.

At Beacon Law we have an impressive track record of making public liability claims against bodies such as local authorities and private businesses. If you’ve been injured in a public place and think you may be able to make a public liability claim we’ll provide legal expertise and an understanding of just how upsetting an accident of this kind can be.

Contact us today to discuss an accident in a public space and we’ll explain the process of making a public liability claim. If you’ve been treated negligently we’ll do everything we can to win the compensation you deserve.

How much compensation could I receive for a public liability claim?

The amount of compensation you might win in a public liability claim could range from a few thousand pounds for minor injuries up to more than a quarter of a million for an accident which leaves you with life changing disabilities and permanent care requirements.

The money paid in a successful public liability claim is made up of general damages and special damages. These are calculated in the following way:

General Damages

General damages are meant to reflect the injuries you suffered in your accident, and are calculated on the basis of:

• The pain and suffering caused by your injuries
• The nature of your injuries and how severe they are
• Whether you are expected to recover in the future
• The impact your injuries have had on your ability to live your life, including pursuing hobbies and interests and engaging with family life

The amount awarded for any injury will be based on a publication called the Judicial College Guidelines (JCG), which lists recommended ranges for specific injuries.

The injuries in a public liability claim could vary greatly, depending upon the seriousness of the accident. Examples of payments recommended in the JCG include:

• A fractured index finger causing permanent symptoms – £7,780 to £10,440
• An injury to the hip or pelvis which requires surgery – £33,430 to £44,790
• Minor permanent damage to vision in one or both eyes – £7,780 to £17,900
• Serious jaw fracture – £15,320 to £26,010

When you make a public liability claim with Beacon Law we’ll estimate the general damages we think you could receive at the start of the process, and communicate clearly throughout if anything changes.

We always work to secure the maximum compensation for our clients, to give them the best possible chance of putting their life back on track.

Public liability compensation claims calculator

Our public liability compensation claims calculator provides an estimate of how much compensation you may be able to claim if you have been injured in an accident in a public place.

The calculator takes into account the part of the body that has been injured and the severity of the injury. The compensation amounts are based on recent case law and the Judicial College Guidelines. You can also view our compensation amounts table at the bottom of this page.

The figures shown relate to general damages, which compensate you for the pain, suffering and impact the injury has had on your life.

Special Damages For Public Liability Claims

Special damages are intended to make sure that your injuries don’t leave you financially worse off. They will include an amount to cover any earnings or pension provision lost because your injuries impact your ability to work.

Special damages also include expenses which are directly linked to the injuries you suffered. These expenses include the following:

• Any medical costs for your injuries now and in the future
• Any care costs linked to your injuries now and in the future
• The cost of any equipment needed because of your injuries, such as mobility aids
• Any money you have to spend on adapting your home or vehicle to take account of your injuries
• Travel costs directly linked to your injuries, such as attending medical appointments
• Any money spent on counselling or therapy needed because of your injuries

In simple terms, any money which you have to spend as a direct result of your injuries, and which you wouldn’t have had to spend if your accident hadn’t happened, can be included in special damages.

When can I make a public liability claim?

In order to make a public liability claim you need to meet the following criteria:

• You were involved in an accident in a public place
• The accident happened because the party responsible for that public place acted negligently
• The accident directly led to you being injured

We understand that claiming compensation can never truly make up for the fact that you’ve been injured because another party behaved negligently, but it can represent a big step toward making a recovery.

When you come to Beacon Law with a public liability claim you get empathetic support and advice on dealing with the psychological impact of your accident, as well as expert legal advice.

By their nature, public liability claims can be based on accidents that happen in a huge range of places and circumstances. Slipping on a wet supermarket floor, tripping over an uneven paving stone or falling down badly repaired steps are examples of accidents that could happen in public places, including the following:

• Public spaces such as parks, pavements, footpaths and walkways
• Supermarkets and other retail outlets
• Car parks
• Sporting venues
• Restaurants
• Gyms
• Venues such as pubs, clubs and bars

Accidents which lead to public liability claims can include the following:

• Slips, trips or falls on badly maintained pavements and paths
• Slips trips or falls caused by damaged or poorly maintained interior flooring
• Slips, trips or falls on icy surfaces which haven’t been cleared or treated effectively
• Slips, trips or falls due to a badly lit environment
• An accident caused by a malfunctioning lift or escalator
• An injury caused by an object falling from height

Lists of this kind can’t be comprehensive, so if you’ve suffered any kind of injury in a public place in an accident which wasn’t your fault then get in touch with Beacon Law for a free, no obligation consultation. If we think you could be eligible for compensation, we’ll explain the claims process and the help we can provide.

What is the process when making a public liability claim?

The thought of making a public liability claim at the same time as trying to recover from your injuries is probably pretty daunting. Here at Beacon Law we understand that, but we don’t want you to be put off claiming compensation you might be entitled to.

We keep things simple by handling the stress and work of a public liability claim on your behalf, and breaking the process down into the following individual steps:

Aftermath

In the immediate aftermath of an accident in a public place you should seek medical attention. As well as dealing with your injuries and maximising your chances of recovery, prompt medical treatment will create an official record of your accident and the injuries you suffered.

Report

Report your accident to the relevant authorities as soon as you are able to. A private business such as a shop or club might have an accident book to fill in, while a body such as a local authority – responsible for many open public spaces – will have a contact email address.

Legal

If you think your accident may have been caused by the negligence of the party responsible for a public space then contact the team at Beacon Law. We’ll listen to the details of your situation, including the nature of the accident and the location, and explain whether you have a legal case for claiming compensation.

If we think you may be eligible to claim, we’ll set about making that claim as quickly as possible.

Statement

We’ll take a detailed statement from you explaining how your accident happened, the nature and extent of the injuries it caused and the impact those injuries have had on various parts of your life

Assessment

We’ll arrange a medical assessment with an independent expert of our choice to ascertain the extent and seriousness of your injuries and the likelihood of any recovery

Evidence

We’ll bring together the evidence needed to build a compelling case for compensation. This evidence will be listed in detail in the next section.

Other party

We’ll contact the other party to inform them of your intention to claim for compensation, outlining the reasons why we think your claim is valid, often with reference to other public liability claims we have successfully made. We always set out to deal with claims as quickly as possible by presenting evidence which is so strong that the other party admits liability and offers compensation.

Negotiation

If the other party offers compensation we’ll use our experience of personal injury claims in general and public liability claims in particular to decide whether it is a fair offer. If it isn’t then we will continue to negotiate on your behalf, as we never settle for anything less than the maximum amount of compensation you deserve.

Court

If the other party denies liability, or refuses to offer a fair amount of compensation, then your claim will have to go to court. This only happens rarely but if it does the Beacon Law team will be by your side throughout, presenting the strongest possible case.

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

The evidence for your public liability claim will be chosen to demonstrate that you were involved in an accident in a public place, another party was negligent in letting that accident happen, and you were injured as a result. The stronger and more varied the evidence we gather is, the more likely it is that your claim will be successful.

The evidence for your public liability claim could include the following:

• Medical evidence of your injuries, including an independent medical evaluation
• Any official reports of the accident, such as an entry in an accident book, your own account of what happened sent to the relevant body and any record of ambulance or police attendance at the accident
• Statements taken from any witnesses to the accident
• Photographic evidence, including photographs of the scene of the accident and, in particular, the factors which caused the accident to happen, i.e. a spill on a supermarket floor, damaged flooring or a loose paving stone
• Many public places are covered by CCTV cameras, and footage of your accident happening could play a big part in bolstering your claim for compensation
• Any evidence which shows that the other party should have been aware of the issue which caused your accident, such as previous reports in an accident book or historical complaints
• Your own personal account of your injuries and how they have impacted your daily life. Keeping a diary while the effects of the accident are still fresh in your mind will help to ensure that you don’t miss out any of the ways in which your life has been affected.

Evidence detailing any expenses directly linked to your injuries. This could include, but isn’t limited to, the following:

• Any medical bills you have to pay
• Any care costs you have to meet
• Any medical aids you need to purchase
• Any adaptations you have to make to ensure that your home and/or vehicle is still accessible
• Any travel costs directly linked to your injuries and treatment
• Any money you have to spend on therapy or counselling

The evidence for these expenses could take the form of receipts, invoices and bank statements. You should also keep documents such as pay slips if you intend to claim for lost earnings.

Care provided free of charge by family members or friends could also be factored into any compensation payment, so keep a careful record of any time spent being cared for in this way.

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

There is a strict legal time limit on any public liability claim, which means you can’t make a claim any later than 3 years from the date of the accident happening. The rare exceptions to this 3 year rule include the following:

• The injured person is under 18 at the time of the accident, in which case the 3 years runs from their 18th birthday to their 21st
• The injured persons in ‘mentally incapacitated’ in some way, and so not able to make a claim during the 3 years following an accident

Despite the 3 year limit, our experience of making public liability claims leads us to recommend that you make the claim as soon as possible after the accident – while the details are fresh in your mind and the minds of any witnesses – will increase the chances of success.

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

When we make a claim for public liability compensation on your behalf we do so on a no win no fee basis. This is also sometimes called a

Conditional Fee Arrangement (CFA), and it means the following:

• You don’t have to make any up-front payment as we start your claim, gather evidence and negotiate with the other party
• You only have to pay our legal fees if the claim is successful, and only after compensation has been received
• These fees will never be more than 25% of the compensation you receive, leaving you with the other 75% in full

If you lose your claim the costs of the other party will be covered by After the Event (ATE) insurance taken out at the start of the process. Or commitment to working on a no win no fee basis means that you can claim the compensation you deserve and that could help you to rebuild your life without ever having to worry about costs.

Why choose Beacon Law for your public liability claim?

There are many good reasons for choosing Beacon Law for your public liability claim, starting with the way we treat our clients. We’re a family run firm and we treat each client we take on as a person in their own right rather than just another case number.

In practice this means you’ll get empathetic support as well as expert legal advice, one to one contact with members of our team whenever you have a question and clear, jargon free communication at every stage of the process. In simple terms, we handle the stress and hard work of a public liability claim, leaving you free to concentrate on making the fullest possible recovery.

Our track record in public liability claims speaks for itself, and we’ll bring this experience and expertise to bear on your case, no matter how complex it is. We understand what it takes to build a claim demonstrating negligence, and know exactly how much compensation you should rightly be awarded.

We do all of this on a no win no fee basis, meaning you don’t even have to think about costs before deciding whether to make a claim, and will get to keep the majority of any compensation you are awarded. We’ve got a combined total of more than 200 years of legal experience to call on, and every bit of that will be used to make sure you get the compensation you deserve.

What is Public Liability?

The law relating to public liability claims is based on the idea that people like business owners and local authorities have a duty of care toward anyone in the public place for which they are responsible. If you are injured because they fail in this duty of care then you may be able to claim public liability compensation.

Some of the law in question is set out in the Occupiers’ Liability Act 1957.

The occupiers of a public place are anyone who has a degree of control over that space. As such, they have to take steps to make sure that you, as a visitor, are reasonably safe.

In simple terms you can claim for public liability compensation in the following circumstances:

• You went into a public space and while there you were owed a duty of care
• The occupiers of that public space acted negligently in not meeting their duty of care
• You were injured as a direct result of this negligence

The experts at Beacon Law will be able to pinpoint exactly who any public liability claim should be made against, from the owners of a shop to a local authority responsible for a public walkway.

Frequently Asked Questions:

How much compensation can I claim for public liability injury?

The amount of compensation you can claim for a public liability injury will depend on the following:

• The nature and severity of your injuries and the impact they have had on your life
• Any earnings or pension provision lost through your injuries
• Any expenses directly related to your injuries

Throughout the claims process the team at Beacon Law will be able to present a realistic estimate of the compensation you should receive based on our experience of public liability claims and the details of your case.

What steps should I take immediately after a public liability incident?

In the immediate aftermath of a public liability incident you should do the following:

• Seek medical help
• Report the accident to the body with responsibility for the space in which it happened
• Contact the team at Beacon Law for a free consultation to determine whether you could be eligible for compensation

If possible, you should also gather evidence such as photographs of the scene and the contact details of any witnesses, though we understand the nature of your injuries could make this difficult.

Can I make a public liability claim without insurance?

Yes, a public liability claim can be made without any insurance being in place, as long as you meet the criteria set out above.

Can I make a public liability claim if I was a trespasser at the time of the accident?

It is a common misconception that you cannot make a public liability claim if you were trespassing at the time of the accident. Trespassing isn’t usually a criminal offence in the UK, so this isn’t always a suitable defence for the owner of the property where your accident happened.

The Occupiers Liability Act 1984 extended the common duty of care towards trespassers in certain circumstances, i.e. if the owner of property is aware, or should be aware, of dangers on their property, and where the owner is aware that their property is at increased risk of trespassing, such as farmland or land near a popular walking spot.

If you sustained an injury when trespassing on property, please contact the team at Beacon Law who will be able to talk about the circumstances of the accident and advise you whether a claim is possible.