Key points when claiming for an accident in public
- Owners and operators of public places have a legal duty of care to keep people safe.
- You can claim public liability compensation if you were injured in a public accident because of someone else’s negligence.
- Although you have 3 years to start a claim, acting quickly can improve the chances of a successful claim.
- Compensation is based on the extent of your injury and any costs and expenses relating to your injury. You can find out how much you can claim with our compensation calculator.
- No win, no fee means there's no financial risk for you.
Injured in a public place? We’ll help you get back on your feet.
Whether you’ve slipped on a wet floor, tripped on uneven pavement, or suffered an injury due to unsafe conditions, you may be entitled to compensation.
With the help of a personal injury solicitor, if it an be established that your injuries resulted from another party's negligence or actions, a No Win, No Fee claim is likely to succeed.
What are a public and occupiers' liability claims?
Every publicly accessible space has an owner or occupier, whether it’s an individual, company, or public body.
Public liability refers to spaces owned by public entities (e.g. local councils and authorities), such as:
- schools, colleges and universities
- pavements, footpaths, roads and parks
- council buildings, schools, universities
Occupiers liability is the term used when the public space is owned privately, such as:
- shops, supermarkets and DIY stores
- railway 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.
Duty of care
If you're in a public place, someone has a 'duty of care' towards you. A duty of care means a person or organisation has a legal responsibility to protect the well-being of others. For example, employers owe a duty of care to employees, road users to other drivers, and doctors to their patients.
In public spaces, the responsible party must keep the area safe and free from hazards. If the owner or occupier fails in this duty, they can be held liable for any injuries you suffer as a result.
Public liability insurance
Public liability insurance is a policy held by businesses, property owners, or public bodies to cover compensation claims if someone is injured on their premises. It provides financial protection for the insured, covering the cost of legal fees, medical expenses, and compensation pay-outs if they are found liable for an injury.
If you’re injured in a public place, public liability insurance helps simplify the claims process. Your solicitor will directly negotiate with the insurance company, often speeding up settlement discussions. It also increases the likelihood of securing compensation, as there is a dedicated fund to cover your claim.
What happens if the defendant doesn't have public liability insurance?
You can still make a claim if the owner or occupier where you were injured doesn’t have public liability insurance. While insurance can simplify the process, it's not legally required for all businesses or property owners. Your solicitor can help you pursue compensation directly from the responsible party and guide you through the claims process.
If you've been injured in a public place, you're not alone.
Although there is no central record of the number of people injured in public places, insurance companies must register injury claims with the Department for Work & Pensions (DWP). Between 1 April 2022 and 31 March 2023, 53,403 public liability injury claims were registered with the DWP (source: gov.uk).
How much compensation can I claim for an injury in a public place?
Compensation for an injury in a public place will vary depending on:
- how serious the injury is,
- how your injury impacts both your daily life and your ability to work,
- any financial expenses or losses you?ve had due to your injury.
Public place accident injury
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Updated October 2024
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General damages
General damages compensate for pain, suffering, and loss of amenity (PSLA). The Judicial College (judiciary.uk) sets recommendations for these awards, publishing them in their personal injury guidelines.
Average public place accident general damages compensation table
The following public place accident payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Ankle injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Minor fractures, sprains, and ligament injuries with full recovery | Up to £15,250 |
| Moderate | A fracture or ligament injury with mild ongoing symptoms | £15,250 to £29,500 |
| Severe | Lengthy treatment required, and your ability to walk has been permanently affected | £34,740 to £55,540 |
Elbow injury
| Severity | Example | Amount |
|---|---|---|
| Recovery within 18 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms | Up to £3,920 |
| Recovery between 18 to 36 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms | Up to £7,210 |
| Recovery after 36 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms or damage | Up to £13,970 |
Finger injury
| Severity | Example | Amount |
|---|---|---|
| Relatively minor injury | Finger fractures that recover in under 6 months, and/or injuries with tenderness, pain in cold weather, or scarring | Up to £5,270 |
| Index finger fracture | Fracture fully heals, but with ongoing pain, disability and an increased risk of osteoarthritis | £10,110 to £13,570 |
| Finger fractures | Fractures that cause deformity, affect sensation, and/or have a long term affect on your grip and ability to use your hand | Up to £40,760 |
Hand injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) injuries to one or both hands | A fracture or break recovering within 6 months, and/or with scarring, tenderness and pain in cold weather | Up to £5,270 |
| Moderate injuries to one or both hands | Moderate crush injuries, penetrating wounds, or deep cuts | £6,280 to £14,730 |
| Moderate/serious injuries to one or both hands | Serious crush injury that causes impaired function andthat cannot be resolved with surgery | £16,040 to £32,170 |
Knee injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | E.g. dislocation, torn cartilage or meniscus, that could cause future symptoms or weakness, or that exacerbated an existing injury | Up to £15,250 |
| Moderate | More serious knee injuries with a greater risk of future symptoms, pain and weakness | £16,460 to £29,050 |
| Serious | E.g. a leg fracture that extends to the knee joint, or injuries that cause constant pain and restricted movement, and/or a risk of osteoarthritis or future knee surgery | £29,050 to £48,210 |
Leg injury
| Severity | Example | Amount |
|---|---|---|
| Simple femur fracture | Simple femur fracture with no damage to articular surfaces | £10,110 to £15,620 |
| More serious fractures | Incomplete fracture recovery with ongoing symptoms | £19,930 to £30,800 |
Wrist injury
| Severity | Example | Amount |
|---|---|---|
| Lesser | Relatively minor soft tissue injury or displaced fracture, with a full recovery within 12 months | £3,920 to £5,260 |
| Moderate | Uncomplicated Colles' fracture | Around £8,250 |
| Moderate | Fracture or soft tissue injury with complete recovery | £6,750 to £11,480 |
Can I claim compensation for a psychological condition caused by a public place injury?
Psychiatric harm is less obvious than physical injury, but the consequences can be just as difficult to deal with.
Our 2024 Public Place Injury Claimant Survey highlights that 29.03% of claimants reported they had suffered a psychological injury, 70.97% of which related to a physical injury.
Accidents in a public place can cause anxiety in open spaces (agoraphobia), seriously an individual's work and lifestyle options.
Your solicitor will help ensure that any psychological harm you have suffered as the result of another party's negligence is recognised and included in the calculation of your compensation award or settlement. In addition, you can also claim for mental health treatment costs that may not be readily available on the NHS.
Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.
Special damages
Special damages cover lost earnings, commissions, bonuses, and pension contributions. You may also claim for future loss of earnings if a medical prognosis indicates you won’t be able to work.
These damages also cover the costs of medical treatments needed for recovery, such as imaging tests, physical therapy, and surgery.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
When can I claim compensation for an injury in a public place?
You can claim compensation for an injury in a public place if it was caused by someone else's negligence, such as a local council, business, or property owner. Common examples include slipping on an unmarked wet floor, tripping over uneven pavements, or being injured by faulty equipment in parks.
To make a successful compensation claim, your solicitor must show that the responsible party failed to maintain a safe environment, leading to your injury.
Can I claim if I feel I was partly responsible for my accident?
Determining who is to blame for an accident is not always black and white.
In our recent 2024 Public Liability Injury Claimant Survey, 17.45% of respondents believed they may have been partly (or wholly) responsible for their injuries.
Claims are usually possible even when your actions partially caused the accident. In instances of 'contributory negligence', claims are usually settled with a split liability agreement.
Read more:
Can I claim if I feel I was partly responsible for my accident?
Is there a time limit for making a public liability claim?
You normally have 3 years from the date of the accident to start a claim, which applies to most personal injury cases (there are a few exceptions). However, if you were not immediately aware of your injury or its link to the accident, the three-year period may begin from when you first became aware of it, known as the 'date of knowledge.
What if a child was injured?
A parent, guardian, or litigation friend can make an injury claim on behalf of a child at any time up to the child's 18th birthday.
The claimant then has a further 3 years, up to their 21st birthday, to start a claim as an adult.
What is the process for making a public liability claim?
The first step is to speak with a claims expert who will discuss your compensation options. They will explain the entire process and answer any questions you may have before you decide to move forward.
If you choose to proceed, you'll instruct a personal injury solicitor to start your claim. You’ll need to provide detailed information about your injury or illness and how it occurred.
Your solicitor will then arrange a medical assessment, submit your claim to against the responsible party, and negotiate a compensation settlement on your behalf.
For a more detailed explanation, see:
What is the personal injury claims process?
How likely am I to win my public liability claim?
To win a public liability claim, your solicitor must prove that another party, usually the property owner, was responsible for your injury. If the owner admits liability, your chances of success are high. If liability is disputed, the case becomes more challenging. Your solicitor will gather evidence to build the strongest case possible on your behalf.
For more detail, see:
What are my chances of winning my injury compensation claim?
How can I strengthen my case?
If you've been injured in a public place, taking the following steps can help support your claim:
- Report the accident to the property owner, or to the manager if it occurred in a commercial space like a shop.
- If you didn’t report it at the time, do so now, providing as much detail as you can remember.
- Request confirmation that the accident has been logged in the accident book.
- Collect names and contact details of any witnesses.
- Take photographs of the accident scene.
- Measure any defect that caused the accident, such as a raised flooring or damaged paving slab.
Frequently Asked Questions
How long does a public place injury claim take?
The time needed to get compensation for an accident in a public place can vary significantly.
A straightforward liability accepted public place accident claim might be concluded in a few weeks. If the defendant denies liability, a compensation claim can take longer. Typically, a public place accident claim will take 6 to 9 months.
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Can I make a no win, no fee public place accident injury claim?
Yes. With no win, no fee, you can claim public place accident injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
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Overview - Agoraphobia - NHS (reviewed: 27/07/2024)
Author:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.