In this article, we will explain:
- What a public liability claim is and when someone may be at fault
- The types of incidents that can give rise to a claim
- What compensation may be available and who pays it
- What to do if you are injured in a public space and how long you have to make a claim
What is a public liability claim?
A public liability claim is a type of personal injury claim which arises when an individual is injured in a public space.
Incidents can occur in a wide range of locations, including:
- Public roads
- Pavements
- Parks and playgrounds
- Public areas of ground
Common types of public liability claims include tripping on raised paving slabs, falling due to potholes, and being injured by falling objects.
Who would be at fault?
Generally, the local authority or council will be liable, as it is their responsibility to maintain public areas, including roads and pavements.
This responsibility is different to the responsibility placed on private landowners. A claim against a private landowner is an occupier's liability claim.
When would they be liable?
The responsible party has a duty to maintain the space and take reasonable steps to ensure it is safe. They will be liable if hazards are not identified or repaired within a reasonable timeframe or safety procedures were inadequate or not followed.
If the responsible party fails in its duty and you are injured as a result, you may be entitled to compensation.
What compensation can I claim?
In Scotland, personal injury compensation is made up of different elements. Depending on the circumstances of your case, you may be entitled to claim for:
- Pain and Suffering: This accounts for the pain and suffering you have experienced as a result of the incident. The level of compensation depends on the severity of your injuries.
- Treatment costs: This covers medical treatment you have required as a result of your injuries, for instance, the cost of private physiotherapy or counselling.
- Services: The assistance your friends and family have provided you during your recovery, for instance, help with housework and shopping.
- Loss of Earnings: Any loss of earnings you have suffered if you required to take time off work due to your injuries.
Who pays the compensation?
In the UK, many businesses and organisations have Public Liability Insurance which covers them for injuries occurring in their public spaces. If insurance is in place, the insurer will usually pay the compensation.
However, Public Liability Insurance is not compulsory in the UK. If the responsible party does not have insurance, they may be personally liable to pay compensation.
What should I do if I am injured in a public space?
If you are injured in a public space, you should report the incident to the responsible party as soon as possible. You should ask for the incident to be recorded in the accident book.
It is also helpful to take photographs of what caused your injury. For example, if you tripped on a raised paving slab or pothole, take photographs of the defect. To show scale, place a coin or measuring tape next to the hazard. If you later notice that the hazard has been repaired or replaced, take more photographs.
If someone witnessed the incident, ask for their contact details. Witness statements play an important role in supporting your claim.
How long do I have to make a personal injury claim?
In Scotland, a personal injury claim must be raised within 3 years from the date of the accident.
For specific, tailored advice on a potential claim, please contact the MFMac Personal Injury Team. You can call 0131 247 1000 for a free, confidential discussion.
