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Accidents in Public Places

If you have had an accident in a public place and it was the result of someone else’s negligence you may be able to claim compensation. Call 01252354412 or fill out the online form at the top of this page for help and advice today. This guide is designed to answer any questions you may have in relation to making a personal injury claim for accidents in public places. It is focused on helping you understand whether you have a claim, how to go about making a claim and how your claim will progress.

Who can be held liable?

Owners and occupiers of public places must ensure that their property is well maintained. If the minimum standard isn't met and someone sustains an injury, the owner / occupier may be liable.

This responsibility exists whether the public place is publicly or privately owned. So whether you have an accident in the street or in a supermarket, it may attract liability. Publicly owned places are the responsibility of the local authority and private property is the responsibility of the occupier.For help at this stage call 01252354412 or fill out the online form at the top of this page.

Under what circumstances does liability exist?

Local authorities have a statutory duty to maintain highways. If a road or pavement isn't properly maintained and causes an injury the local authority can be liable. This duty extends to removing snow and ice when it is reasonably practical to do so.

In addition to this, the local authority owes a duty of care to members of the public in certain circumstances. This is a similar duty to that which occupiers of privately owned public places owe to members of the public. A duty of care is owed to those who the occupier or local authority has a proximate relationship with. If you have such a relationship with the occupier or local authority they may be liable for injuries caused to you that were reasonably foreseeable. For the occupier or local authority to be considered to be liable for your injury, the circumstances must be such that it is fair, just and reasonable to impose a duty of care. Call 01252354412 or fill out the online format the top of this page if you'd like to discuss your circumstances and the possibility of making a claim.

For example, the owner of a supermarket has a proximate relationship with their customers. If milk is spilled and not cleanedup or no warning sign is displayed, the occupier of the supermarket may be liable for injuries caused to a customer who slips. This is because it is reasonably foreseeable that customers will slip. It is also reasonable to expect that the employees would take action to deal with the spill. If they do not take any action, and it is fair, just and reasonable to impose liability, they may be found negligent.

How can you raise a claim for compensation?

If you believe that your injury is the result of the negligence of another and want to make a claim for compensation you should contact a solicitor - we can put you in touch with the right legal professional for your situation call 01252354412 or fill out the online format the top of this page.

It may be possible to agreeto a settlement with the person whom you believe to be responsible for your injury. If such attempts are unsuccessful and you wish to pursue your claim a court action will need to be raised.

What do you need to prove for a successful compensation claim?

In order to bring a successful action for compensation, you must show that the person you believe to be responsible for your injury was negligent. This means you have to show they owed a duty of care to you and they breached that duty.

Once you have shown the duty existed and was breached you must show that the breach of the duty caused your injury. This involves showing that had the responsible party not been negligent, the injury would not have been sustained.

As this is a civil action, you will need to prove this on the balance of probabilities. This means that when the evidence is considered the facts you are asserting are more likely to have occurred than not. Call us on 01252354412 or fill out the online form at the top of this page to get help with your claim today.

How can you prove it?

In order to prove your case on the balance of probabilities, you must bring evidence of the facts you are asserting.

For example, take the case of someone who has tripped down a pothole: a photograph of the pothole would be beneficial. The quality of this evidence can be enhanced by putting something in the photograph that allows the relative size of the hole to be established. If there were witnesses it would be advisable to take their contact details so they can be called as witnesses if your claim for compensation goes to court. Reporting the incident to the local authority responsible for the maintenance of the highway on which the accident occurred is also advisable.

The same principles apply no matter what the accident was. Photographs and witnesses will always be beneficial. Informing the person who is responsible for the public place in which you sustained your injury at the time at of the accident will add credibility to your claim for compensation. Once the responsible person is aware of the accident they may wish to settle the case to avoid it going to court. This may also be beneficial for you as it will save you time and money. However, you are under no obligation to accept such an offer. For help at this stage call 01252354412 or fill out the online form at the top of this page.

What can you claim compensation for?

In the UK, damages are awarded in an attempt to return the injured party to the position they would have been in had they not sustained the injury. Unlike in America, damages are not an attempt to punish the defender, so they are calculated in relation to the loss to the injured party regardless of the wealth of the responsible party. Therefore, the responsible party is only responsible for damages that can be reasonably connected to their negligence. For help at this stage call 01252354412 or fill out the online form at the top of this page.

Damages are divided into pecuniary and non-pecuniary losses. Pecuniary losses (those that can be calculated in monetary terms) can be calculated exactly because this head of damage includes loss of earnings, loss of pension rights and expenses caused by the injury. Non-pecuniary (not readily quantified in monetary terms, i.e. pain and suffering) losses cannot be calculated in the same way. The court will calculate non-pecuniary losses by considering the facts and circumstances of your case and looking at previous decisions of the courts. You are entitled to claim both pecuniary and non-pecuniary damages.

Key points

  • You will need to prove that your injury was caused by the negligence of someone responsible for a public place
  • Whether the public place is publicly or privately owned the responsible person will still be liable for their negligence
  • It is important to collect evidence to support your claim for compensation
  • Compensation is calculated in relation to the loss you have suffered as a result of the accident
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Jurisdiction

UK

Last Updated

Monday, 20 November 2017

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