Public Place Accident Compensation Claims
Overview
- We all visit shops, football stadiums, retail parks, libraries, swimming pools, health clubs and offices – what all these places, and many others, have in common is that the public has access to them
- The occupier of any building or space that has public access has a legal duty to ensure that all visitors to those premises are safe
- Most of us have also slipped, tripped or fallen whilst we are out, at shops, at work, or on pavements or roads
- Sometimes these kind of accidents are because you weren’t looking where you were going, but if you were injured and we can show that inadequate care was taken – because the surface was unsafe – we will be able to pursue a public liability compensation claim for you
- Having witnesses is helpful but is not essential to bring a claim for compensation
Our advice
- Report the accident immediately to a supervisor, manager or customer services desk
- Make sure that the details are accurately recorded on an accident report form or in the premises accident report book, as the record may be important evidence in your case
- Take photographs of the place of the accident and whatever it was that caused your accident – if necessary use the camera on your mobile phone. If possible use a ruler to measure the size of the defect
- Whilst the accident is still fresh in your mind, a detailed sketch of the incident showing the location of the defect and any warning signs
- Obtain contact details for any witnesses
- Seek expert legal advice from specialist personal injury lawyers
- Seek expert medical treatment
- Keep an injury diary and list any expenses you incur and keep receipts
Here are some examples of accidents in public places.
Slips, Trips and Falls
- As well as injuries in buildings that have public access, every year thousands of people are injured in slip, trip and fall accidents, as a result of pavements and roads which have not been adequately maintained
- Compensation for these accidents is usually sought from Local Authorities who have a legal responsibility to inspect, maintain and repair footpaths, pavements and roads in their area. The upkeep regime must be reasonable and take into account of the ‘footfall’ on the relevant road. Often changes to public spending priorities means that many pavements and roads are neglected leading to cracked or uneven pavements, and potholes in the road
- Accidents involving pavements and walkways are some of the most difficult and complex claims to deal with. Finding out who’s responsible for the maintenance of a roadway isn’t as easy as you might expect, and there’s always the possibility that the surface has been damaged by a third-party rather than the council
- The general starting point for outdoor tripping accidents is that the difference in height between the defective surface must be at least two inches in a road, and one inch in a pavement. If the defect is less than these then there is a chance that you will not have a claim
- The council also has a reasonable duty to inspect the roads once every 12 months, so it would also be necessary to provide a witness to confirm that it had been in that condition for at least 6 months
- You must advise us if you have been in a similar accident previously
Supermarket
- Supermarkets are an important part of modern life, with most people shopping for food and drink, and in more recent times, clothing, electrical goods, pet products holidays and financial products. Although they are both popular and useful places they are the scene of many accidents
- As with any type of shop, supermarkets like ASDA, Morrison’s, Tesco and Sainsbury’s – or even small local supermarkets – are legally responsible for your health & safety while you are shopping on the premises
- The majority of injuries that happen in a supermarket accident result from a trip, slip or fall. It is difficult to see liquids on the polished floors of many shops and customers are so busy doing their shopping, that they aren’t looking out for potential hazards.
- Slipping could result in a back or severe head injury. Falling over boxes in aisles or protruding shelving often lead to ankle injuries
- The area that you’re most likely to suffer an injury is at the entrance. Poorly positioned and maintained entry mats can cause trips. Also, floors can become slippery in wet weather as customers enter and leave
- This legal responsibility, called a ‘duty of care’, may include the supermarket car-park. During winter, supermarkets and shops have a duty to keep areas free from ice to avoid slipping accidents around their premises. The external shop areas should be salted or gritted and a walkway maintained during any cold spell
- So if you have had a slip or fall accident that wasn’t your fault, and was caused by the supermarket’s negligence, you may be eligible to make a personal injury compensation claim
Sports Injury
- If you participate in sport, you generally accept that there is some degree of risk of injury if you’re running around with others, and using sports equipment. This is considered part of the ‘nature’ of sport so we have to accept that from time-to-time someone will be injured, it was purely an accident, with no one to blame
- However, in some cases you do not willingly accept the risk of injury, and may have a claim for compensation if you are injured. An example might be some of the equipment provided was faulty, or the playing surface was badly maintained
- Another example might be if you were learning a new sport under guidance, then your instructor should be properly trained to teach you safely and avoid accidents
- The owner, or the occupier, of the premises where the sport takes place has a duty to ensure that facilities are safe for the players
- In a contact sport – such as football or rugby – your team mates have a duty not to injure you deliberately. They also have a duty not to play in such a dangerous way that you are likely to suffer an injury
- The referee or umpire should enforce the rules of the game to avoid or reduce unnecessary risk of for instance, an illegal tackle. Football tackles can cause serious injuries and each player owes the other a duty to take reasonable care in all circumstances
- Spectators may also be entitled to claim compensation if those arranging the sports event failed to ensure that the premises are safe for spectators
