Public Liability Claims Process & Rights UK

Gathering Evidence

Act quickly: evidence disappears fast. Photograph the hazard that caused your injury (wet floor, broken paving, pothole, trailing cable) immediately. Photograph your injuries. Get contact details of any witnesses. Ask the premises to complete an accident report and keep a copy. Request CCTV footage in writing (it is often overwritten within 28 days, so act fast). See a doctor and ensure your injuries are documented. Keep receipts for any expenses (travel, medication, damaged clothing).

If you did not gather evidence at the time, you can still claim. Your solicitor can request CCTV, obtain witness statements, commission expert reports on the hazard, and gather medical evidence retrospectively.

The Claims Process

1. Free initial assessment. 2. Your solicitor gathers evidence and obtains medical records. 3. A Letter of Claim is sent to the liable party (the business, council, or property owner). 4. Their insurer investigates and responds. 5. Negotiations follow. 6. Settlement or court proceedings. Most public liability claims settle within 6 to 12 months for straightforward cases.

No win, no fee: you pay nothing upfront and nothing if unsuccessful. Time limits: 3 years from the date of the accident. For children: 3 years from their 18th birthday. For people lacking mental capacity: no time limit while incapacity persists. Public liability insurance: most businesses have public liability insurance which covers compensation claims from injured visitors.

The Legal Framework

Occupiers' Liability Act 1957: Requires occupiers to take reasonable care to ensure lawful visitors are safe. Applies to shops, restaurants, offices, hotels, leisure centres, schools, hospitals. Occupiers' Liability Act 1984: Extends limited protection to trespassers if the occupier knew of a danger and knew or should have known trespassers might be present. Highways Act 1980 (Section 41): Places a duty on highway authorities to maintain roads and footpaths. Consumer Protection Act 1987: Covers injuries from defective products.

Compensation covers general damages (pain, suffering, loss of amenity), special damages (medical expenses, lost earnings, travel costs, damaged belongings, care costs), and in fatal cases, bereavement and dependency claims. The liable party's public liability insurance pays the compensation, not the individual or business directly.

Common Questions