If you suffer an accident in a public place due to someone else’s negligence e.g. by tripping on a broken paving stone, you may be entitled to claim damages. You will need to prove that you were owed a duty of care by someone, that that person was negligent in performing that duty, the negligence caused the injury and that the risk of injury was foreseeable. All landowners have a duty to maintain their land to a safe and reasonable standard, so this includes places such as supermarkets, banks or airports. Public authorities also have a duty of care to the general public to maintain roads and pavements in a reasonable condition.
Many defendants will have some form of liability insurance, such as occupier’s public liability insurance, to cover the costs of damages awards. If the claimant was also negligent, damages can still be awarded but will be reduced proportionally (up to 100%) to the claimant’s own contribution to their injury.
Complex claims can take longer to settle, as defendants may contest almost any aspect of the claim. Damages awarded will take into account factors such as loss of earnings or physical pain.
If you have recently suffered injury due to an accident and you think someone else was at fault then you should ask us for advice.