Assessing each shop, restaurant or public place that you enter for what dangers you may potentially face is not something we should have to do whenever we enter premises or public place, every establishment has a duty of care towards those who enter, failing to ensure their safety may result in a public liability claim.
In this article, we answer the questions that are team often encounter relating to public liability claims.
Our team will also share some of the common places where a public liability or occupiers liability claim may arise, whilst also revealing what you need to do if you are injured as a result of someone else’s negligence.
What is a public liability claim?
If an establishment isn’t safe and a customer or individual on the premises suffers an injury that would have been avoidable, but for the negligence of the owner of the property or private land, then that owner may be liable for any injury that had been caused by the negligence of them or their staff.
Who can you make a public liability claim against?
The answer to this question can be very broad as an injury could happen in many different public places, all of which have a duty of care to ensure that anyone using the facilities or premises are safe.
However, commonly claims may be brought against local authorities, train station operators, shop owners, restaurants, and gyms.
What information will I need to make a public liability claim?
The more information you have relating to your case the better, however, there are certain things that you should try to prioritise.
Make sure you have the correct location, date and estimated time that your accident happened.
Taking photos of the scene can help identify who may be responsible, whether it be a local authority or the owner of private land or property.
If your injury is caused by a hole, or raised edge, try to ensure that you take measured photographs to help establish that the defect is unacceptable. You may need to use a point of reference, for example, take a photograph of the hole with an item in it, such as a credit card (do not use this if the hole is full of water).
You should also gather the contact details of any witnesses who saw the accident, or who may be able to help establish that the defect has been there for a period of time.
What are some of the most common causes of public liability claims?
Slips
At some point, we’ve all probably witnessed a glass being dropped in a restaurant or a brew being spilt in a coffee shop.
While many establishments will clean any liquid up as soon as possible, they must also display a sign highlighting the wet floor to any and all customers.
If the business fails to do this and a customer slips on the wet surface, suffering a personal injury in the process, the owner of the business may be liable and you may be able to pursue a public liability claim against them.
Every business owner owes those who enter their premises a duty of care and failing to notify people of a potential hazard that could cause them to slip is a breach of that duty.
Uneven surfaces
If you trip on an uneven surface you may also be able to make a personal injury claim. If you are injured in a public place such as a restaurant or sports centre after falling over a step, an upturned tile a hole in the floor or similar hazards, this may be deemed as negligent maintenance on behalf of the business owner or owner of the private premises.
However, dangers don’t only lie indoors. Public walkways, pavements, potholes and broken asphalt can also cause accidents. If these issues are encountered and your injury wouldn’t have occurred without the damaged pavement or road, then you may be able to make a claim against the local council who may be responsible for maintaining all publicly accessible walkways and roads.
If you slip or trip as a result of an uneven surface then our personal injury team can help you get the rehabilitative treatment and financial compensation you deserve.
Lifts
With buildings getting taller and taller across the country, it’s no surprise to see an increase in lifts being installed. The Equality Act 2010 also requires businesses and organisations who own multi-floor premises to legally make provisions that enable access for those who suffer from a disability. Installing a lift plays a key role in affording those with a disability access to higher floors.
However, when it comes to ensuring the safety of those who use the lift, it is the owner of the building or those they lease the building to, that are responsible for the maintenance of the lifts and consequently, if their negligent maintenance of the lifts causes a personal injury they may be liable for said injury.
Falls caused by rubbish or waste
If there is construction work being carried out in an area where the public has access or a business or public authority creates a lot of waste and that waste isn’t put away properly, this can cause a hazard to those who are in the vicinity of it.
Falling debris is a particularly dangerous hazard that can manifest itself when construction work is being carried out. Falling debris has the potential to cause a host of injuries including brain injuries and spinal injuries.
If the waste or debris causes an injury then either the business that caused the injury as a result of negligence or those who employed them may be liable and a claim for compensation can b made against them for any injuries that may have been suffered.
How can a solicitor help if you’ve been injured in a public place
If you have suffered an injury in a public place as a result of any of the potential causes we have discussed in this article, our personal injury team are here to help.
Whether it is in a restaurant, on a public walkway, or any other public or private place, you deserve to be able to access it without suffering a personal injury.
If your injury could have been avoided, but for the negligence of a business owner or public authority then we can help you secure the financial compensation you deserve as well as helping you secure the best possible rehabilitative treatment if the injuries you suffered require such treatment.
Our team have developed expertise in handling both public liability claims and occupiers liability claims and will do all they can to support you and your family whilst gathering evidence to help make your claim as strong as possible.
If you’d like to learn more about how our team can assist you with your potential public liability claim, get in touch with us today for free by calling 0800 1979 345 or complete our online enquiry form and our team will get back to you at a time that is more suitable for you.
