Accidents in a Public Place

Accidents that happen in a public place generally result in a claim against a local authority or a private owner of land who has allowed public access, e.g., a shop owner.

Claims against the Local Authority

Slip, Trip and Fall accidents on pavements and roads

The Local Authority has a responsibility to take reasonable steps to ensure that the risk of slips, trips or falls on the highways or pavements that they control, is kept to a minimum. So, if you suffer an accident due to a defect in the highway or pavement you will probably need to make a claim against the Local Authority.

What you need to prove in a claim for an accident in a public place?

It is not always straight forward. If, for instance, you have tripped on an uneven pavement you would first need to be able to show that:

There was a defect in the road or pavement;
You tripped or fell because of the defect; and
You suffered personal injury as a result.

For a claim to be successful you would also need to show that the defect was significant enough to be deemed a hazard, and that the Local Authority was aware (or reasonably should have been aware) of the defect and had not remedied it.

On the former point, in our example of tripping on an uneven pavement, it is well established that for a claim to be successful you would need to show that the difference in height of the defect was a minimum of 28 mm (1 inch).

On the latter point above, the Local Authority are responsible for maintaining the highway in a safe condition and they must carry out regular inspections. When they find a defect, they must repair it within a reasonable period. What a reasonable period is depends on the individual circumstances. For instance, defects in busy pavements in a city centre would require quicker action that those in infrequently used areas. Also, major defects will require faster repair than minor ones.

So, simply showing there was a defect (of a size that constituted it being a hazard) that caused you to fall does not guarantee a successful personal injury claim. If the Local Authority operates a system of inspection with reasonable periods between inspections and there were no defects present on last inspection, a claim may fail. That is when having experienced public liability solicitors acting for you can ensure the maximum potential for success.

Other types of accidents in public places

There are many other types of accidents that can happen in public places that can give rise to a public liability claim. A few examples are:

A fall caused by a defect in public playground equipment;
Slipping on an unsigned spillage in a supermarket;
Cutting yourself on broken tiles in a swimming pool;
An injury caused by lack of supervision on a bouncy castle;
Slipping on an untreated icy road or pavement.

What should I do if I have been injured in an accident in a public place?

Depending on your injuries, if you, or someone you are with, can:

Try and get details of any witnesses to the accident, name and address as a minimum and more contact details where possible.
If the accident happened somewhere where it is possible, report the accident as soon as you can. This might be if the accident took place somewhere like a shop or restaurant etc. Make sure the accident is logged in their Accident Book. Of course, if the accident took place outside of such an environment, e.g. a trip on a pavement, this would not be possible. Still get the details of any witnesses to the accident and report it to the Local Authority as soon as you can, but not before taking photographs and measurements as below.
Take photographs of the scene at the time of the accident, or as soon after as possible. Take photographs of the defect that caused the accident, whether it be a spillage in a supermarket or defect in a pavement.
In the case of a defect in a pavement or highway take photographs with something that can be used to scale the size of the defect, ideally a ruler (not many people carry them!) or something that can be measured accurately, or photographed against a ruler, later. Return as soon as you can with a tape measure or ruler to accurately measure and record the dimensions of the defect (height/depth and width), photographing these measurements as well. If you do not take photographs early, you may find that the defect is quickly fixed.
Get in touch with a specialist personal injury lawyer who can use their experience to facilitate a swifter recovery from your injuries and obtain the right amount of compensation.

When should I start my claim for an accident in a public place?

You have 3 years from the date of the accident to make a claim (exceptions apply that can make this longer) but you are advised to start your claim as soon as possible. It may be difficult to trace witnesses later and memories fade and become less reliable.

Having an experienced personal injury solicitor on your side from an early date can be very reassuring and allows you to focus on your recovery. Gard and Co have a specialist compensation team, which maintains complete independence from insurers to ensure that their clients receive the best legal service.

If you believe that you have a claim then please contact Kevin or Jason for free confidential advice on 01752 668246 or send an email by clicking here.