Accidents and Injury
in Public Places FAQs

Owners and occupiers of public places have a duty to ensure that their premises are in a reasonably safe condition to prevent injuries to visitors and members of the public. These rules apply to privately-owned places open to the public, as well as local authority public property.

To make a successful claim for compensation you need to prove that another person was responsible for your accident. This often means proving that an owner or occupier of a public place has not taken sufficient steps to ensure your safety.

It is important to:

• report your accident to a member of staff or the owner/occupier as soon as possible, preferably immediately after your accident;
• ensure your accident is recorded in an accident book, if one is available;
• if possible, take photographs of the area where the accident happened and any hazard that you feel has caused your injury. If you have tripped over a hazard, use a ruler in your photographs to show how deep or high the defect is. If you have suffered a laceration or burn, take photographs of the initial injury and during your recovery;
• note any witness’ name, address and contact telephone number.
• if others have suffered through the same situation or with the same symptoms, such as food poisoning, note their details to help reinforce your case.
• keep a note of any expenses you incur as a result of your injuries, including copies of receipts and invoices where available.

If you have suffered an accident in a public place that was not your fault, contact our specialist public liability solicitors who can advise you on what you need to do next.

As a general rule to make a claim for personal injury compensation in Scotland (as in England and Wales), you have 3 years from the date of the accident to pursue a claim. If the claim is not settled or Court Proceedings issued by the 3rd anniversary then your claim may be lost forever, or statute barred (out of time). There are, however, certain exceptions to this:

• In Scotland if the injured party is under the age of 16 at the time of the accident the 3 year time limit commences from the date the person turns 16, meaning a claim can be made until the age of 19. In England and Wales the age is 18 - meaning a claim can be made until the age of 21.
• If the person does not have the mental capacity either before or as a result of the accident, the 3 year time limit does not begin to run until they regain the capacity to bring a claim. Issues regarding capacity are complicated and we would be happy to speak to you in detail on this point.
• There are certain types of cases where a claimant may not be aware that they have suffered an illness or injury until some period of time later. For example, it may take more than 3 years for any symptoms to appear. In those types of situations, the time limit does not start to run until the date you are aware (or should have been aware) you have sustained an injury, such as being told about it by your doctor. As this is a complex subject, it is best to seek professional advice from your solicitor.
• If your case involves a claim under the Motor Insurers Bureau (MIB) Untraced Drivers Agreement, then you need to have the completed application form with the MIB by the third anniversary of the accident. However if your claim includes a claim for compensation for damage to property, then the application needs to be with the MIB within 9 months of the date of the accident, whether or not the claim includes personal injury as well.
• Injuries sustained as a result of a criminal act and where a claim is made to the Criminal Injuries Compensation Board (CICA claims), then a limitation period of 2 years applies. The same exceptions apply in relation to those under the age of 16 at the time of the injury and those lacking capacity. There may also be other exceptions where the consequence of the assault is not discovered until after the 2 year period has expired.
• Accidents that occur abroad will be the subject of a variety of different time limits, which can be as short as a year. The sooner you contact us the better, so we can identify the appropriate time limit and give you the best chance of successfully pursuing your claim.

Suffering an injury can have serious consequences for you and your family, with many people requiring time off work and having to survive on limited sick pay following an accident. Pursuing a claim will not only ensure that you are properly compensated for your injury, but will also ensure that you are reimbursed for any losses and expenses that you have incurred. This includes any lost earnings or future loss of earnings, as well as the cost of medical treatment and travelling to appointments.

Claiming compensation will also give you access to the best rehabilitation and treatment providers to maximise your recovery following the accident. The NHS provides excellent care at the acute stage following an injury but long term rehabilitation can be lacking. Making a successful claim for compensation will mean funding is made available for a range of expert input where appropriate.

If you have suffered an injury as a result of negligent beauty or cosmetic treatment you may be entitled to compensation. The Supply of Goods and Services Act 1982 requires that treatment providers carry out their services with reasonable care and skill. If not, the provider is considered in breach of contract and the consumer is entitled to compensation for any loss or damage.

Some common examples of beauty treatments that can result in injury are:

• waxing and other forms of hair removal;
• hair dye/colouring, both at home and in the salon;
• tattoos and piercings;
• laser treatment.

When beauty treatment does go wrong, it can cause a psychological impact as well as physical injuries such as lacerations, hair loss, burns and scarring. These injuries can be caused by faulty equipment, poor training and/or defective products and human error.

Whether council or privately owned, those who manage land with trees are legally obliged to take reasonable care to avoid accidents and likely injury.

Very often due to the size of trees and the height from which branches fall, if a falling tree or branch strikes an individual, it can cause injury. These injuries can range from minor cuts and bruises to a serious life changing injury, such as a brain or spinal cord injury.

For trees that are overhanging a public pathway, annual checks should be undertaken to make sure that they remain safe and do not pose any risks to passers-by. If the owner has not carried out regular inspections, then your accident may have been caused by the owner’s negligence.

If you have been injured in these circumstances, please contact our expert solicitors for advice as you may be entitled to make a claim for compensation.

A highway is any public road or right of way on land. It is the responsibility of the local authority or council to maintain and repair highways to ensure safe passage is reasonably practicable. This covers roads, footpaths, pavements, tracks and bridleways.

Some common examples of causes of accidents on the highway are:

• unrepaired potholes;
• cracked, raised or uneven paving;
• untreated snow and ice.

To make a successful claim for compensation you need to prove that the local authority or council were responsible for your accident. This means that the council has failed to take sufficient steps to maintain the highway in accordance with its legal duty.

Certain breeds of dog are legally classified as ‘dangerous’ and are subject to specific regulation under the Dangerous Dogs Act 1991. However, all dogs can be potentially dangerous, no matter what their breed or size.

Common claims for compensation arise from:

• dog bites to neighbours;
• dog bites to workers, such postmen or milkmen;
• dog bites to children in a public place, such as the local park.

Horses are also a common cause of accidents resulting in personal injury. Horse-related incidents can result in a wide variety of injuries, from soft tissue damage and broken bones to severe spinal or brain damage. Some types of incident that we deal with include:

• riders being injured due to faulty protective equipment, such as riding hats or saddles;
• saddles and girths not being fixed securely, causing riders to fall;
• riders being thrown from a horse, due to temperament;
• vehicles being involved in road traffic accidents with horses in the road;
• riders being injured due to insufficient or inadequate instructor supervision;
• injuries sustained at organised events, such as point to point and other race events.

Livestock are also a frequent cause of accidents resulting in injury. Animals such as cattle and sheep have been known to attack and can cause injuries unintentionally due to their size and weight. Road traffic accidents can also occur due to the presence of livestock on the highway.

Slip and trip accidents occur as a result of hazards on the floor or ground. The most common are spillages or debris which leave the floor slippery or unsafe. Slip and trip accidents can result in a wide variety of injuries, from bruising or a sprained ankle to broken bones and head injuries.

Slip and trip accidents happen in many locations including:

• supermarkets;
• restaurants and pubs;
• car parks;
• shopping centres;
• gyms and sports halls;
• private land.

It is the duty of the owner or occupier of premises to ensure that their property is kept in a reasonably safe condition to prevent injuries to visitors and members of the public. This includes taking sufficient steps to ensure that there is a reasonable system of identifying hazards and dealing with them as swiftly as possible.

A soft tissue injury is where there has been damage to any of the muscles, ligaments and tendons throughout the body. An injury to the soft tissues is a description commonly used where there have been no broken bones. The most common types of soft tissue injuries usually occur from a sprain, strain or direct blow resulting in a contusion or overuse of a particular part of the body.

Soft tissue injuries can result in pain, swelling, deep bruising and loss of function to an area of the body including the limbs such as arms and legs.

A typical soft tissue injury that occurs in a road traffic accident is a whiplash injury. This is where the body is put under pressure and force as a result of the fast deceleration of the vehicle. The injury occurs when the body is forced forwards and backwards at speed causing injury to the muscles, ligament and tendons in the neck, shoulders, hips and back.

There are numerous ways in which you can sustain a soft tissue injury. If you consider this has been caused by the actions of another person then you could recover compensation for your injury.

If you have been involved in a road traffic accident where the fault rests with the other driver, you may be eligible for compensation for injuries if you have sustained a soft tissue injury.

Some jobs may involve repetitive working practices, where you may notice swelling and pain to a part of your body as a result of your role, this may be a soft tissue injury that you have sustained in the workplace. It is important that pain of this nature is reported to your employer, so that action can be taken to minimise the repetitive nature of your job. If your employer does not take appropriate action to reduce the repetitive nature of the work, it is possible that you may be able to make a claim for personal injuries sustained in the course of your work. For more information visit our Accidents at Work page.