If someone is injured after falling, tripping or slipping in a public place, they may be able to obtain compensation through a public authority liability claim. A fall or trip can affect any one of a number of body parts. The most common areas of injury would be the head or the brain, the neck, the arms or elbows, the legs and the back.
The extent of the injuries will differ from incident to incident depending on the circumstances, but someone who falls or trips in a public place should always seek medical attention immediately. What someone who has fallen thinks is a minor injury could turn out to be more much serious on examination by a medical professional. In addition, documented medical evidence will form a critical part of any future public liability claim.
The individual or organisation with responsibility for maintenance of a public area is obliged to take out public liability insurance to meet any compensation claims made by people injured on their property. Bearing that in mind, a personal injury claim will be lodged against the insurance policy and not the individual or organisation.
There are different types of accidents in public places. Some of the more common ones might include:
- Tripping on broken footpaths or pavements;
- Slips and falls on snow or ice left untreated;
- Falling into a pothole on the road or pavement; and
- Falling on a staircase that is in a poor state of repair.
Falls and slips frequently occur in places such as shops, shopping centres, car parks, restaurants and cafes and amusement parks. Sometimes an injury might be caused by an object breaking off a building and hitting someone as it falls from a height. That person would be entitled to seek compensation under a public liability claim. Even something as simple as bags of rubbish left lying on a walking area and causing a hazard could result in a public liability claim if someone were to trip over them, sustaining an injury in the process.
If an individual is to lodge a successful compensation claim under public liability provisions, they need to be able to prove that someone else is responsible for the injuries sustained. To assist in processing a successful claim, the injured party should report the accident to the owner or a member of staff at the time it occurs and ensure the incident is written up in an accident book. If there are witnesses, their names should be taken note of and photographs should be taken of the area to provide visual documentation in court.
If someone who has been injured after falling or slipping in a public place wants to claim back expenses under a public liability compensation case, they should keep evidence of those expenses. Prescription charges for medication would be one such example of expenses in this category. Accident Advice Helpline can answer any questions someone might have about public liability claims and arrange appropriate legal representation.
Call us today on 0800 689 0500 to make your claim.
Date Published: October 10, 2013
Author: David Brown