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Accidents in a public place

Owners and operators of public places have a legal duty of care to keep people safe. You may be entitled to compensation if you were injured in a public accident because of someone else’s negligence.

Every publicly accessible space has an owner or occupier, which could be an individual, a company, or a public body.

What is a public liability claim?

Also known as an “Occupier’s” or “Public Liability” claim, this is the legal process of seeking financial compensation for an injury sustained in a public space because of someone else’s fault. Whether it’s a slip, trip, or fall, an incident in a supermarket, or an accident in a restaurant, the injuries sustained by innocent victims of accidents in public places can have a devastating effect.

Key points when claiming for an accident in public:

  • You have three years to start a claim, but acting quickly will improve your chances of a successful claim.
  • Your personal injury solicitor will need to prove that the accident was the fault of those responsible for the public space or someone employed by them. This means that gathering the right evidence is crucial when it comes to your claim.
  • Compensation is based on the extent of your injuries, and any costs and expenses relating to your injuries.
  • Our no-win, no-fee policy means you can start a claim with peace of mind.

Where could these accidents happen?

The cause of your injury could be wide ranging.

Our personal injury specialists have seen all manner of circumstances lead to an accident, for example:

  • Trips on faulty floor surfaces
  • Slips on unmarked wet floors
  • Faulty handrails
  • Exposed sharp surfaces or electrical wiring
  • Burns from extremes of temperature
  • Exposure to chemicals
  • Uneven pavements or footpaths
  • Badly maintained roads

What are some common Public Liability accidents?

Public liability refers to spaces owned by public entities (e.g. local councils and authorities), such as:

A public liability claim could take place in a wide range of areas, such a

  • Schools, colleges, and universities
  • Libraries and government buildings
  • Parks, roads and pavements

Occupiers liability is the term used when the public space is owned privately, such as:

  • Shops, supermarkets and DIY stores
  • Train and bus stations, garages, car parks, petrol stations and taxi ranks
  • Fitness centres, gymnasiums, solaria and swimming pools
  • Leisure and theme parks
  • Construction and building sites
  • Bars, restaurants and pubs.

The term public liability is often used to cover occupiers’ liability claims as well.

Who pays for public liability compensation?

If you’re injured in a public place, public liability insurance helps simplify the claims process. All businesses and organisations in Scotland are required to have public liability insurance to cover personal injury claims, so your compensation claim would be paid for by their insurance company.

What happens if they don’t have public liability insurance?

You can still make a claim if the owner or occupier doesn’t have public liability insurance. While insurance can make the process easier, there may still be an occasion where the responsible party don’t have it. In this instance, your solicitor can help you pursue compensation directly and guide you through the claims process.

Can I make a claim?

Success is dependent on proving that your injury was a result of third-party negligence.

The questions you will be asked are:

  • Were you owed a duty of care?
  • Did the third party breach this duty of care in any way?
  • Was this breach the direct cause of your accident and injuries?

Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.

Considering our services? Call our dedicated New Claims team today on 0141 331 6070.

Occupiers and Public Liability

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