A public liability claim arises when an injured person sues the occupier or owner of the place where the injury occurred, under common law. The owner or occupier has a duty of care to people on the property; this is very complex, but basically states that they must take reasonable steps to ensure the safety of that person.
In public spaces the local authority is generally responsible for the maintenance of the area; it has a duty of care and is therefore potentially liable if a person is injured. If a breach of this duty of care can be established the injured party will generally be awarded financial compensation, which is paid by the owner or occupier.
There are various levels of duty of care, depending on the reason that the person is on the property for which the defendant is responsible; if you are involved in an accident then contact Accident Advice Helpline for advice, and to make sue you get all of the compensation that you are entitled to. The highest level is owed to paying customers, such as people using a leisure facility, staying in a hotel or using equipment supplied by the owner. The owner occupier must take reasonable care to ensure that the premises are safe, but the invitee – the person using the facilities – must also take reasonable steps to look after their own safety.
The next level includes licensees; these are people who are on the property with permission, but to no economic advantage to the owner occupier. They are still owed a duty of care, but it is less rigorous than that owed to people from whom the owner occupier is profiting. The final group are trespassers who are on the property without permission; although the duty of care towards them is minimal, it still exists in the case of hazards that are intentionally created, such as razor wire designed to keep trespassers out of your property. It is important to understand what liability you have if you are responsible for a property.
Car insurance is a type of public liability insurance that covers a driver if he or she is responsible for an accident. It ensures that the injured party will be able to claim reasonable damages; the level of compensation awarded in these cases is generally higher than a normal person would be able to afford. If you are involved in a car accident, then contact Accident Advice Helpline as we will be able to assist you in making a successful claim against another driver.
Insurance companies provide an indemnity against any public liability claim against you as a driver. The manager of a leisure complex will have insurance against public liability claims and these will require that a certain level of maintenance and repairs must be undertaken in order to keep the policy valid.
If you feel you have been injured as a result of negligence or breach of duty of care you may have a valid public liability claim. Collect plenty of evidence to back up your claim, such as photos and the details of any witnesses who may be called on to confirm your version of the events.
You will need to be able to prove that reasonable steps to keep you safe were not taken, such as missing warning signs if you slip on a wet floor or regular inspection of premises. If you can do this you have a good chance of being awarded compensation. If you have any doubts regarding whether you have a claim contact a specialist law firm who will be able to advise you.