The Most Frequently Asked Questions About Accidents In A Public Place
Our team of experienced lawyers help people claim for injuries as a result of accidents in public places. No matter how severe the accident, choose Tinsdills for expert guidance when claiming for an accident in a public place.
Some of the accidents in public places we cover include slip, trip and fall accidents in shops and supermarkets, accidents at other people’s places of work, car park accidents and accidents in hotels, bars and pubs or leisure attractions.
Here you’ll find some of our most frequently asked questions about claiming for accidents in public places. If your query isn’t answered, contact our friendly team or pop into your local Tinsdills branch in Hanley, Newcastle, Sandbach or Leek today.
Frequently Asked Questions
You can if the accident was the fault of someone else. Whether or not it is the fault of someone else will depend upon a number of different factors depending upon what has happened in your particular accident and where it has happened. Please see the other replies to questions within this section for further information.
You can if the pothole was a dangerous pothole that the local authority ought to have repaired before your accident. The law does not expect all roads and pavements to be free from any pothole as this would place an unduly high burden on local authorities.
Local authorities are however, expected to have a reasonable system in place for identifying and repairing potholes. What is classified as a reasonable system and a dangerous defect will depend upon the location of your accident. Therefore, if you have been injured as a result of a pothole you should obtain good photographs showing the pothole in its location and surroundings, including good quality photographs showing the depth of the pothole.
If you slip as a result of something on the floor such as a spillage or some debris, then you can potentially make a claim. All public places are expected to have a reasonable system for identifying and removing spillages/debris and what constitutes a reasonable system will depend upon the type of venue and location where you have slipped.
If you suffer an accident such as this, you should immediately report it, if possible, and also take a photograph on your mobile telephone of what has caused you to fall.
You can potentially make a claim depending upon where your accident occurred and whether or not the venue or local authority had a system for identifying and clearing the snow/ice. It is a common misconception that you should do nothing to clear snow/ice as you can be sued if you attempt and do not fully remove it. There must be a reasonable system for removing snow/ice as soon as is reasonably possible.
If your accident occurs on the pavement or road on your local estate then it is unlikely, but not impossible, that your claim will be successful as the Council, quite rightly, have to prioritise the major roads and city centres for gritting. If your accident occurs on a public car park then your claim is more likely to be successful as whoever owns this ought to ensure that it is safe for visitors.
Therefore, if you have an accident as a result of snow/ice, please contact us for further information.
You can make a claim and whether or not you will be successful will depend upon a number of factors including whether or not the dog was under control or had been aggressive or bitten anyone previously.
You will of course initially either see your GP or go to the NHS for treatment immediately following your accident. If another party admits fault for your accident then they will have to pay for any treatment that is required as a result of the injuries caused by your accident. We can help to arrange this treatment and obtain payment or reimbursement where appropriate for such charges.
This will depend upon what injuries you sustain in your accident which will need to be proven by obtaining a medical report from an expert. Once finalised, expert evidence is available and you have proven any other losses such as loss of earnings, damage to clothing, travel expenses etc., then we can negotiate a settlement on your behalf with the at fault party, if they have admitted liability.
The amount you will receive for the injuries you have suffered will depend upon what is proven by the medical evidence and guidance as to the likely level of award is set out in the judicial college guidelines, which we can discuss with you.
If the owner of the premises admits responsibility for your accident, then you would only have to go to court if we could not agree the amount of compensation that you are entitled to with them/their insurers. If they deny responsibility then Tinsdills have vast experience of bringing court proceedings and presenting your case before a Judge and you would have to attend court in this situation.
If you can show that your injuries have been caused by another party then it is likely that you will be able to make a claim. The other party could be the owner of the premises you had your accident, the local authority/council or your landlord.
It is very important that you are able to prove what happened to you and when and you should, therefore, make sure that your accident is recorded in an Accident Book.
You should see your GP or go to hospital as appropriate, even if you do not think initially that your injuries are particularly serious. They could develop and become much worse in the future and it is important that you have recorded what happened with the medical professionals. If you are able to, take some photographs of where your accident happened and ask anyone who saw what happened if they would provide a short statement detailing this.
If you have suffered an injury in a public place that was the fault of someone else, then you are likely to be able to make a claim.
The list of potential injuries/causes is vast but can include injuring ligaments, breaking bones, soft tissue injuries, back injuries, facial injuries including damaged teeth.
If it can be proven that the accident was the fault of someone else, then as part of your claim, we will seek repayment of any wages that you have lost as a result of the injuries you sustained.
Your contract of employment may contain a clause that states the pay your employers have paid you following your absence should be included in your claim and we will include this too.
We will also claim for any other losses that you have suffered because of these injuries and obtain any treatment which you need to recover from the injuries sustained. We will also make a claim for what is known as general damages, which is an award for the pain and suffering that you have endured.
Owners of premises should have Public Liability Insurance. Landlords should have Landlord insurance. It is the insurers who we will usually deal with rather than the company or individual directly.
There are laws to protect you as a tenant and there are correct avenues a landlord must take should they wish to bring the tenancy to an end. Such avenues depend on the tenancy agreement you have and if you are in any rent arrears.
Tinsdills have lawyers who will be able to provide you with expert advice on these matters.
The usual time limit for bringing a claim is 3 years from the date of your accident. Court proceedings must be commenced by this date but the sooner you bring the claim the better as more evidence will be available to support your claim. There are certain exceptions to the standard 3-year time limit, for example, if an accident occurred before you are 18, you have until your 21st birthday to bring a claim, along with certain other exceptions. Please contact Tinsdills if you are unsure.