Common types of public liability claims
Accidents often happen as a result of a momentary loss of attention and in most cases any injury received may be light with the resulting recovery period being of short duration. However many accidents can and do occur in public places where they have not been caused by the injured party but as a direct result of another persons carelessness or neglect. And sometimes these accidents may have more lasting effects. In such circumstances, the party responsible for the injuries may be an organisation such as the local authority or other public authority, or a business such as a supermarket or restaurant.
If you have been injured in a public place you may have valid grounds to start a ‘public liability’ compensation claim for your injuries. Organisations that are responsible for the premises or property where members of the public visit or have a legal right to be have a legal duty of care towards the public. When they fail in this duty they are liable to compensate individuals for injuries caused by their negligence or carelessness. Legally these organisations must have public liability insurance for just this type of situation and normally it will be the insurance company that will pay any personal injury compensation claim that may be due.
Whilst there are many different types of public liability claims many of them can generally be categorised into these four common types:-
1. Accidents on public pavements and footpaths that are in disrepair or untreated during ice and snow; injuries caused by pot holes or by tripping on or falling down stairways that are in need of repair. Public roads and pavements should be properly maintained by the local authority or other organisation who owns the land. Failure to correctly maintain these areas or correctly highlight any hazards may cause injury and a personal injury claim may be taken out against such organisations in these circumstances.
2. Accidents in supermarkets and other shops, car parks and restaurants, banks, cinemas, and leisure centres. The owners of the premises are responsible to ensure visitors are safe from harm. Failure to properly protect the public could result in a personal injury claim. If, for example, there is a spillage on a supermarket floor there should be a clear warning of the hazard if it is not immediately cleared. Other typical examples where injuries may be received could include tripping on torn carpets which have not been safely taped down or where a hot liquid has accidentally been spilt on a person in a restaurant.
3. Injuries caused by falling objects from roofs, scaffolding or from other heights in a public place.
Many property owners carry out repairs to their buildings and are required to implement appropriate measures to protect not only those carrying out repairs but also to the general public. These measures may be carried out by the property owner or by contractors carrying out the work. If scaffolding is not properly erected or if the repair has not been correctly carried out and someone is injured there is likely to be a personal injury claim made by the individual injured.
4. Injuries caused by broken or poorly maintained fences, railings or pavements, tripping hazards and other obstructions, including unlit skips, on public rights of way. Injuries can often occur where poor maintenance or neglect has led to deterioration in the materials which are being used to mark boundaries or restricted areas. Often local authorities are responsible but many private land owners may also be liable for the poor state of their property. Local authorities may not have taken appropriate levels of care to clear obstructions from the highway or pavements, posing a potential danger to motorists and pedestrians. In all these instances if an injury has been caused as a result then there may be a case for a personal injury claim.
If you or a relative has been injured in a public place it is important to make sure the incident is correctly reported to the organisation responsible and to ensure you seek early advice from an expert personal injury solicitor.
Ensure you give yourself the best chance of success in any type of accident at work claim or other accident claims by enlisting the help of a trained legal advisor.
Processing your request, Please wait....
