By Cat Jones. Last Updated 3rd December 2024. Have you had an accident and been injured in a public place? If so, you could be able to claim compensation if you can show that a third party was at fault. There are rules and laws in place to protect the public, and injury can happen if they are not followed. This guide about how to sue for an injury in a public place will aim to answer any questions you may have about the claims process.
Our guide will cover the circumstances you could make a public injury claim and who you bring a case against. It will also tell you how compensation may be calculated after being injured in a public place.
It is important to collect evidence to help your case, so we will show you how to do that before showing you how an experienced personal injury solicitor from our panel can help you claim on a No Win No Fee basis.
Contact Us
We offer free consultations, which allow us to both better understand your situation and advise you on how best to proceed. If we then feel that you could be entitled to compensation, we can connect you to our panel of personal injury solicitors to handle your case on a No Win No Fee basis.
You can contact us through the following methods:
- Fill out one of our contact forms and we’ll give you a call back
- Use our live chat feature at the bottom right of your screen
- Call us on 0800 408 7827
Select a Section
- Why Would You Sue For An Injury In A Public Place?
- Who Owes A Duty Of Care In Public Liability Claims?
- How Can Someone Be Held Liable For Public Liability?
- What Should I Do If I Suffer An Injury In A Public Place?
- What Is The Average Payout For A Public Place Injury?
- How To Sue For An Injury In A Public Place Using No Win No Fee
- How To Find Quality Personal Injury Solicitors
- Contact Us Today
- Additional Resources
Why Would You Sue For An Injury In A Public Place?
In most cases, you can establish grounds to make a claim if your public place accident meets the following criteria:
- The third-party in control of the public place owed you a duty of care
- This duty of care was breached by the third-party
- You suffered as a result of this breach by the third-party
Accidents and injuries in public places can come in many different forms. For example, you may have slipped on a wet shop floor with no hazard sign in place. Or you may have tripped on a pothole. For some more examples of public place accidents that you could fall victim to, please take a look through the next few subsections.
Accidents In Public Parks
Have you been injured in a public park accident that wasn’t your fault? Providing that you can prove negligence on the part of the controller of the park, you could be owed compensation for your suffering.
Potential hazards that could exist in a public park if the upkeep is not met;
- Poorly maintained playground or outdoor gym equipment
- Broken fencing posts or gates
- Paths obstructed by overgrown tree roots or potholes
According to ROSPA, around 40,000 children are taken to hospital every year as a result of a playground accident. Within this figure, less than 40% are caused by the playground equipment itself. These figures have no indication about those that could have been prevented.
Public park operators owe a duty of care to visitors to ensure that it can be used safely. If you or your child are injured as a result of a public park accident that the operators could have realistically foreseen, but did nothing to prevent, then you could be able to hold them liable for negligence.
Car Park Incidents
Whenever you use a car park, you should expect adequate safety measures to be in place to ensure you have a safe experience. If car parks are not maintained and defects repaired when needed then the following hazards could cause injuries to those that use them;
- Faulty machinery (such as a payment machine or an exit barrier)
- Poorly maintained surfaces (such as potholes or slippery walkways)
- Lack of appropriate hazard signage
Have you been injured in a car park accident that wasn’t your fault? Providing that you can prove the owners’ or operators’ negligence to be responsible, you could be owed compensation for your suffering.
Slips, Trips And Falls
Accidents involving slips, trips and falls can cause serious injury. According to a report by the Health and Safety Executive (HSE), these types of incidents accounted for a third of all reported workplace injuries in 2019. What’s more, over 95% of major slips resulted in broken bones, demonstrating how debilitating they often are.
Who Owes A Duty Of Care In Public Liability Claims?
The Occupiers’ Liability Act 1957 is a key piece of legislation that those in control of public places must comply with. The regulations outlined help ensure that adequate safety measures are implemented to ensure the wellbeing of visitors. Public places controlled by third parties that commonly owe such a duty of care include:
- Public facilities e.g. leisure centres and libraries
- Playgrounds and parks
- Shops and shopping centres
- Roads, pavements and car parks
Whether you think you have grounds to make a claim or aren’t sure, please contact us today for a consultation. These free assessments allow us to both better understand your situation and advise you on how best to proceed. If we then feel that you could be entitled to compensation, we can even connect you to our panel of public liability lawyers to handle your case on a No Win No Fee basis.
In the meantime, please see the next section to learn how you could hold a third-party liable for your suffering.
How Can Someone Be Held Liable For Public Liability?
Public liability insurance is crucial. If you suffer injuries in a shop as a result of the owners’ or operators’ negligence, then you could be able to sue for an injury in a public place.
For example, you may suffer a slip on a supermarket aisle if it’s just been mopped and a hazard sign hasn’t been displayed. In this instance, the supermarket will have failed to have appropriate safety measures in place to prevent you from harm. That means the supermarket owners could be held liable for your suffering. However, if the business has public liability insurance, any compensation that they owe you can be covered.
As well as businesses, local councils are responsible for the safety of visitors to property which they control.
For example, you may suffer a road traffic accident caused by a dangerous pothole that the council may have ignored. By having an adequate system for the public to report hazards through and making regular maintenance checks and repairs, they can eliminate such dangers.
Please speak to one of our advisors today to receive your specialist consultation free of charge. If they can see that your public place injury claim has a chance of succeeding they can offer to connect you with our panel of personal injury solicitors. If the solicitors agree to take your case on they will do so on a No Win No Fee basis.
What Should I Do If I Suffer An Injury In A Public Place?
If you suffer a public place accident, such as a slip, trip and fall, and wish to claim for it, then you can follow these steps:
- First and foremost, seek medical attention for any injuries that you sustained and ensure that the incident is recorded in your medical notes
- If possible, make a record of the scene, either photographing it or videoing it
- Collect contact details of any witnesses who saw your accident so they can be contacted for supporting statements if necessary
When you’re considering making a personal injury claim, you can choose to hire a solicitor who can assist with your case. If you do wish to hire one, we would recommend getting a solicitor who has experience in handling public place injury claims. To learn how our panel of personal injury solicitors could help you and to learn more about how to sue for an injury in a public place, please get in touch with us today.
What Is The Average Payout For A Public Place Injury?
We can’t offer an average payout for being injured in a public place. This is because your compensation can depend on a number of factors, including:
- How much evidence you have.
- How severe your injuries are, and how long they’ll take to recover.
- The effect that your injuries will have on your life.
- Whether or not the other party accepts liability.
If you make a successful public injury claim, you’ll receive general damages. This is the first of two heads that could make up your final compensation amount.
General damages cover the pain and suffering caused by your injuries, but it also covers loss of amenity. For example, if your leg was amputated after an accident in public, you would be compensated for the pain and suffering caused, but you’d also receive compensation for losing the ability to enjoy hobbies and recreational activities.
How Is Compensation Calculated?
This head of your compensation is often calculated with help from the Judicial College Guidelines (JCG). The JCG contains guideline compensation amounts for different injuries at different severities.
In the table below, we’ve showcased some of these guidelines as they may relate to public place injuries. Please keep in mind that these amounts are only guides, not guarantees and that the first entry hasn’t been taken from the JCG.
| Injury | Compensation Guideline |
|---|---|
| Multiple Serious Injuries + Special Damages | Up to £250,000+ |
| Severe Back Injuries (i) | £111,150 to £196,450 |
| Moderate Back Injuries (i) | £33,880 to £47,320 |
| Severe Post-Traumatic Stress Disorder | £73,050 to £122,850 |
| Moderate Post-Traumatic Stress Disorder | £9,980 to £28,250 |
| Serious Foot Injuries (e) | £30,500 to £47,840 |
| Moderate Neck Injuries (i) | £30,500 to £46,970 |
| Minor Neck Injuries (i) | £5,310 to £9,630 |
| Serious Shoulder Injuries (b) | £15,580 to £23,430 |
| Moderate Shoulder Injuries (c) | £9,630 to £15,580 |
Can I Claim For Financial Losses?
Yes, you can claim for financial losses in a public injury claim. Special damages, the second head of compensation, covers the financial losses that you experience because of your injuries.
For example, if your injury was so severe that you couldn’t work any more, then your compensation could include the earnings you would have received. Special damages can also help cover the cost of:
- Housekeeping.
- Mobility aids.
- Childcare.
- Prescriptions.
- Travel.
- Professional care.
Evidence of these financial losses will need to be presented. This could include bank statements, invoices and payslips.
To learn more about what you could potentially receive from a successful public liability claim, get in touch with our friendly team today.
How To Sue For An Injury In A Public Place Using No Win No Fee
So, why should you make a public injury claim with a No Win No Fee solicitor? While you aren’t obligated to work with a legal professional, it can make the personal injury claims process feel much less complex.
This is because you will have someone with years of experience within the legal system to explain each step to you. A solicitor can use their knowledge and expertise to help you with a number of steps throughout the claims process, including:
- Collating suitable evidence to strengthen your claim
- Negotiating a settlement and maximising your potential payout
- Communicating with both the courts and the defendant
- Preparing you and your claim for trial when necessary
Our panel of expert solicitors do all of this on a No Win No Fee basis. They support their clients under the terms of a Conditional Fee Agreement (CFA), which means that you can access all of these services and more without having to pay for them:
- Upfront
- As the claim is ongoing
- If the claim fails
If it succeeds, then your solicitor will take a success fee. This success fee is a small, legally-capped percentage of your compensation.
Contact Us
Our team of advisors are here to help. To find out if one of the specialist solicitors from our panel could help you make a public injury claim, get in touch today by:
- Contacting us online
- Using the live chat feature
- Calling us on 0800 408 7827
Additional Resources
Thank you for reading our guide on how to sue for an injury in a public place. Once again, please don’t hesitate to get in touch with us today if you’d like to discuss your case and see how we could help you.
In the meantime, here are some additional resources:
Can I complain about my local council?
This online Government page can be used to help you confirm which specific council you should contact if you wish to submit a complaint against your local one.
How does my local council function?
This useful guide from the Government gives a detailed explanation of the different councils which exist and what responsibilities they hold.
How To Sue Your Employer For Compensation
We explain in this guide how you may be able to claim compensation if you are injured at work due to negligence by your employer.
How To Sue For A Criminal Injury
This guide explains how you could claim compensation if harmed by a criminal injury.
How To Sue A Nightclub For An Injury
This article details how you go about suing a nightclub for an injury sustained on the premises.
How To Sue For A GDPR Data Breach
We explore in this guide how you may be able to claim compensation if you’ve been affected by a personal data breach.
How To Sue For A Cycling Accident Compensation Claim
This guide focuses on how to make a claim when you’ve been in a cycling accident that wasn’t your fault.
If you’ve suffered concussion in an accident that wasn’t your fault, this guide can help explain how you could get compensation for this.
Thank you for reading our guide about how to sue for an injury in a public place.