Solicitors for Public Place Accident Claims

Yes, if the accident was caused by the failure of whoever was responsible for the place to keep it reasonably safe. Occupiers of premises, whether a supermarket, a restaurant, a gym, a council or a private landlord, owe a duty under the Occupiers' Liability Act 1957 to take reasonable care for the safety of visitors. Where that duty is broken and you are injured, you can bring a claim against the occupier or the body responsible for the site.

Anywhere the public are permitted to go. That includes shops, supermarkets, restaurants, cafes, pubs, hotels, gyms, leisure centres, hospitals, car parks, pavements, roads, parks, play areas and public buildings. It also covers places you pay to enter such as stadiums and cinemas. What matters is that you were lawfully on the premises when you were injured.

For most public place claims in England and Wales, the limitation period is three years from the date of the accident. There are exceptions. Where the claim is against a local authority, you must also give written notice of the claim to the authority within six months of the accident under section 140 of the Highways Act 1980 for highway claims, and different rules apply to children and to people who lack capacity.

Responsibility usually rests with the local highway authority, which has a duty to maintain the highway, or with the utility company that carried out work there. These claims have particular rules. The authority has a defence if it can show it had a reasonable system of inspection and maintenance in place, and the six month notice requirement applies, so they need to be looked at quickly.

Photographs of what caused the fall and the surrounding area, the exact location, the date and time, the details of any witnesses, and a record of who you reported it to. Many businesses keep an accident book, and asking for the entry to be made is worth doing. Where the accident was caused by a spillage or a defect, records of cleaning rotas or inspection schedules are often decisive, and we request them as part of the claim.

A claim can often still be brought. Where you were partly responsible, compensation is usually reduced to reflect your share of the blame rather than refused altogether, which is known as contributory negligence. It might arise, for example, if you were not looking where you were going or were wearing unsuitable footwear. The reduction is a percentage applied to the total value of the claim.

It can matter a great deal. Occupiers are generally expected to warn visitors of dangers that are not obvious, to cordon off areas being cleaned, and to deal with spillages within a reasonable time. Whether a warning was present, and whether it was adequate and in the right place, is often a central issue in these claims, and we will look at it carefully.

Yes. Reporting it at the time helps because it creates a record, but the absence of a report does not prevent a claim. What matters is being able to establish what happened and what caused the injury. Prompt contact with us is important because CCTV is often overwritten within weeks and staff move on, so the earlier evidence can be secured, the better.