How do I make an injury claim against the local council?
In the United Kingdom, local authorities (LAs) and councils are responsible for maintaining safe environments for the public, including roads, pavements, parks, and public buildings.
By law, local authorities and councils must take steps to ensure the health and safety of anyone with access to these public spaces. If a local council fails in this duty, avoidable accidents will happen. If a member of the public is injured as a result, they may be entitled to claim compensation.
If your life, or the life of a loved one, has been affected by an injury where the council was responsible, we can help. If you were injured on council owned road, pavement, land or property, you may be entitled to make a claim. You can make a compensation claim for an accident in a public place with the help and support of a personal injury solicitor.
This article will provide an overview of the process for making council or local authority injury compensation claims in the UK, including the steps involved and the evidence required to support a No Win, No Fee claim.
With over 200,000 admissions for accidents including slips, trips and falls, you are not alone
Every year people suffer injuries on council owned land and property. If you decide to make an accident claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.
Slips, trips and falls are the most common injury sustained on council owned and operated property and land. In 2021/22 there were 223,101 hospital admissions from falls across all age brackets (fingertips.phe.org.uk).
Although there is no central record of the number of people injured in public places specifically, 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 claims against the council?
The compensation you can claim for an injury claims against the council will depend on:
- the extent of your injury,
- the impact of your injury on your daily life and ability to work,
- the financial losses or expenses you've faced because of your injury.
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages are awarded to compensate you for any costs or losses you've incurred or might incur as a result of your accident. These costs might include loss of wages, commission and any other income income, or any other out of pocket expenses.
Special damages may also be awarded for medical treatments or procedures that you might need to treat your injury, including diagnostic imaging tests, surgical intervention and pain management.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Am I entitled to make an injury claim against the council?
Yes, you can make an injury claim against the council, if:
- you were made ill in the last 3 years, and;
- another party was at fault, and;
- that party owed you a legal duty of care.
Find out online if you can claim with our injury claim calculator. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.
My injury was partly my fault - can I still claim?
Cases where the defendant and claimant are both partly to blame are actually quite commonplace in personal injury claims.
In our 2024 Public Liability Injury Claimant Survey, 17.45% of respondents believed they were partly responsible for their injuries, or were uncertain.
Even if you were partly at fault, you could still be able to claim compensation. 'Split liability' or 'contributory negligence' are terms used to describe these cases.
Read more:
Can I claim if I feel I was partly responsible for my accident?
How long do I have to make a negligent council injury claim?
An injury claim will usually need to be made within 3 years of the date or your accident or injury.
For injured children, a claim can be started by a parent or guardian at any time before they turn 18. Thereafter, the injured individual has until their 21st birthday to make a claim on their own.
What are local authorities?
'Local authorities', commonly known as 'local councils', are local government bodies, providing a wide range of services to local areas including:
- Sports and leisure facilities
- Social care and housing
- Schools and libraries
- Transport
Councils are also responsible for the maintenance and upkeep of many public parks, pedestrian zones and other spaces open to the public.
Councils' have a legal duty of care
A duty of care is when a person, company or organisation has a legal obligation to safeguard the well-being of others. Schools owe a duty of care to their pupils.
Councils have a legal duty of care for any person present on council owned property or using council facilities.
Each Council must follow strict health and safety regulations in order to protect the general public from harm.
If you are injured as a result of negligence or a breach in the council's duty of care, or while working as an employee of the council, you may be able to make a personal injury claim.
What if I was injured as a council employee?
In the UK, all employers owe a 'duty of care' to their employees. In most cases, the council as your employer will be liable (responsible) if you are injured during the course of your work.
The HSE defines an employer's responsibility as:
"making sure that workers and others are protected from anything that may cause harm, effectively controlling any risks to injury or health that could arise in the workplace."
In practice, the council has a duty to:
- Keep your workplace clean, tidy and safe.
- Provide you with suitable tools and Personal Protective Equipment (PPE), to enable you to do your job safely.
- Ensure you are fully trained to safely perform any tasks you are asked to do. You should also be fully trained in the use of tools, equipment and PPE.
Common injuries sustained from council negligence
Common injuries include:
- Slips, trips and falls due to poorly maintained areas
- Injuries in schools due to faulty of poorly maintained equipment
- Road accident injuries resulting from potholes or badly maintained roads
- Injuries at work while in the employment of the local council
Caring and sensitive support
Your solicitor will handle your injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
What caused your injury?
Injury claims against a council or local authority are commonly referred to as public liability claims. Click on the icons below to learn more:
No win, no fee injury compensation claims
With no win, no fee, you can claim 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
Interested in talking to an injury specialist about your claim?
- Calls are FREE
- Confidential consultation
- No obligation to claim
- No Win No Fee solicitors
Call 0800 376 1001
We are open until 5pm this evening.
or arrange a callbackAuthor:
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.