Accidents in a Public Place
A public liability claim, is also sometimes referred to as an occupier’s liability claim, and can be made when an accident occurs in a public place or on somebody else’s property.
A public liability claim may arise in a wide variety of circumstances where a person suffers injury as a result of the failure of another person, government authority or business operator to take reasonable care for that person’s safety. It is necessary to be able to prove that the injury was caused as a result of the negligence of another although legislation has been passed to eliminate the need to prove fault in some circumstances and to restrict the availability of claims in negligence in others.
Any court proceedings must be commenced within three years from the date of the accident.
Commonly these claims are against Shopping Centres or supermarkets, business owners, local Councils or other government organisations, or individuals such as neighbours.
Examples of public liability claims
For a case to be successful, it needs to be proven that the injury was caused by the Occupiers negligence. Some examples of public liability claims include:
- Slipping on contaminants in a shopping centre and falling.
- Tripping on uneven pavement or concreting on the footpath, or tripping and falling in potholes in car parks where there may be uneven ground.
- Stepping in a pothole on somebody’s lawn.
- A neighbours pet, such as a dog, attacks you.
Our Public Liability Services
- Occupiers Liability
- Recreational & Sporting Accidents
- Animal Attacks
- Council Footpath or Road Incidents
Who pays for medical expenses?
Unlike other compensation schemes, there is no obligation on the person or organisation identified at fault to pay medical expenses or loss of wages whilst you are off work and recovering from your injuries. This means many of these cases have to be litigated in Court.
For a negligence claim to be successful, it generally requires the injured person to prove the following steps:
- That there was a duty of care owed
- That the duty of care was breached by the relevant occupier
- That the breach caused an injury
- And that the injury resulted in a loss
Those four elements as referred to above comprise the basic elements of negligence.
What can I claim for?
The purpose of the law is to put a person who has suffered injury as a result of someone else’s negligence back in the position they would have been, but for that negligence. The only means the law has for doing this is financial compensation.
If negligence is proven, then there will be compensation payable. The losses also need to be proven but damages or “compensation” can be claimed for:
- Pain and suffering
- Loss of wages and future loss of earning capacity.
- Medical expenses and future medical expenses if required.
- Personal care and domestic assistance required and including care or assistance provided by family members
There is a significant amount of legal expertise required with the successful running of these cases and the lawyers at Turner Freeman are specialists in this area and will be able to expertly assist you with your claim from the time you are injured until finality by way of settlement or judgment.