Injured on Someone Else’s Property? Public Liability Claims Explained

If you are injured while visiting someone else’s property, you may be able to claim compensation. Examples include slipping on a wet shop floor, tripping in a car park, being injured by falling supermarket stock, or having an accident at a restaurant, hotel or leisure centre. An injury alone does not establish a claim. The circumstances must show who was responsible for the premises, whether they failed to take reasonable care, and whether that failure caused your injury.

These are often called public liability or occupiers’ liability claims. Hopkins Solicitors can advise on the facts of your accident and whether a claim may be worth pursuing.

What is a public liability claim?

A public liability claim may arise where a person or organisation causes injury by failing to take reasonable care. It can involve shops, supermarkets, pubs, hotels, shopping centres, parks, gyms, offices, rented homes, private land open to the public and many other places.

For visitors, the Occupiers’ Liability Act 1957 is often central. It requires an occupier to take reasonable care to ensure visitors are reasonably safe for the purpose they are invited or permitted to be there. It does not guarantee an accident-free environment. The issue is whether reasonable steps were taken to identify and deal with foreseeable risks.

Who is responsible for an accident on someone else’s property?

The responsible party is not always the property owner. An “occupier” is usually someone with sufficient control over the area, and more than one party may have duties. In a shopping centre, responsibility could rest with a retailer, centre operator, cleaner or maintenance contractor. In a rented property, it may involve the landlord and occupier, depending on the defect and their obligations. A solicitor can investigate who controlled the relevant area and what duties applied.

Can I claim for a slip trip or supermarket accident?

You may have a claim after a slip or trip caused by a spill, damaged or uneven flooring, an unsecured mat, obstruction, poor lighting, damaged step or another foreseeable hazard. The key questions are how long the danger existed, whether the occupier knew or should have known about it, whether inspections were reasonable, and whether the hazard caused your injury.

Supermarkets may have procedures for inspecting aisles and responding to hazards. A promptly identified spill that staff dealt with appropriately may not result in liability; a significant hazard left unattended for an unreasonable time may. Record where the accident happened and what caused it if it is safe to do so. Inspection logs, cleaning records, CCTV and witness evidence can be important.

What if nobody saw the accident or there was a warning sign?

No witness does not prevent a claim. Useful evidence can include CCTV, photographs, an accident report, staff and cleaning records, electronic monitoring data, medical records, receipts showing you were there, and your own account. Ask the business to preserve relevant CCTV as soon as possible, because it may be overwritten.

A warning sign is relevant but is not an automatic defence. The question is whether it was sufficient, in all the circumstances, to make visitors reasonably safe. Its visibility and location, the nature and obviousness of the risk, and how the premises were being used all matter.

What if the business says the accident was my fault?

The business may argue that a hazard was obvious or that you did not take sufficient care. That does not automatically end a claim. In some cases, responsibility is shared through contributory negligence, which can reduce compensation to reflect your contribution. Legal advice based on the individual facts is important.

What evidence should I collect after an accident?

• Photograph the hazard and surrounding area, including close-up and wider views.
• Report the accident and ask for it to be recorded in an accident book or incident system.
• Get witnesses’ names and contact details where possible.
• Seek medical attention and keep medical records.
• Keep receipts for travel, treatment and other reasonable expenses.
• Keep payslips or employment evidence if you lose earnings.

Car parks, restaurants, pubs, hotels and private property

Car-park accidents can involve potholes, uneven surfaces, damaged kerbs, poor lighting, obstructions or defective barriers. The operator could be a supermarket, shopping centre, private company or local authority. Restaurants, pubs and hotels should take reasonable steps to protect visitors from hazards such as slippery floors, defective furniture, unsafe steps, inadequate lighting or falling objects.

Private ownership does not rule out a claim. Accidents at a friend’s home, rented property, business premises or private venue can raise different duties depending on who controlled the premises, why you were there and what caused the accident. The 1957 Act concerns lawful visitors; other rules may apply to people who are not lawful visitors.

How much compensation can I claim and how long do I have?

There is no fixed award. Compensation may cover pain and suffering, psychological injury, treatment and rehabilitation, loss of earnings, care, travel, equipment and other reasonable financial losses. The value depends on the injury’s severity and its actual effect on your life, so generic online figures are a poor guide.

Many personal-injury claims have a three-year limitation period from the accident date, but important exceptions apply, including for children and people who lack mental capacity. Seek advice promptly: CCTV may be deleted, witnesses may become difficult to find and the site may change.

Speak to Hopkins Solicitors

If you were injured in a shop, supermarket, car park, restaurant, hotel, leisure centre, public place or other property, you may be entitled to compensation. You do not need to know whether you have a claim before seeking advice. Hopkins Solicitors can discuss the accident, investigate the circumstances and explain your options.

If you would like to reach out to our Personal Injury team to discuss making a claim, please click the Request a Callback button below or give us a call on 01623 468 468.