We’ve all experienced that heart-stopping moment – a sudden slip on a wet floor or a trip over an uneven paving slab. While most of the time we escape with little more than a bruised ego or a giggle at our own clumsiness, these common accidents can sometimes cause serious, life-altering injuries.
When that happens, the question of responsibility becomes crucial. And if your injury was due to someone else’s negligence, you may be entitled to make a public liability claim.
But… the question is: who is that ‘someone else’?
Well, the answer depends wholly on where the accident happened. This guide will provide you with a clear understanding of how to identify who is responsible for your safety in public places.
What is the Legal Duty of Care?
At the heart of any public liability claim is a legal principle known as the “duty of care.” This means that any organisation or individual who owns or controls a space that is accessible to the public has a legal responsibility to take reasonable steps to ensure it is safe for visitors. So, should they fail in this duty and you are injured as a result, they would be considered negligent and can be held responsible.
Accidents on Private Property (e.g. Supermarkets, Shops, Restaurants)
When you enter a supermarket, shopping centre, restaurant or any other privately-owned business, the owners or occupiers of that property owe you the aforementioned ‘duty of care’. Which means they must ensure their premises are reasonably safe for customers.
Who is responsible?
The company that owns or operates the business (e.g. the supermarket chain).
Examples of negligence could include:
- Spillages or wet floors that haven’t been cleaned up promptly or marked with warning signs.
- Trip hazards like fallen stock, loose mats or trailing wires left in walkways.
- Poorly maintained fixtures and fittings, such as broken shelving or faulty automatic doors.
- Inadequate lighting in car parks or stairwells which make it difficult to see and potentially hazardous.
If you have an accident in a place like this, it’s vital to report it to the manager immediately and ensure it is recorded in their accident log.
Accidents on Public Land (e.g. Pavements, Parks, Roads)
When an accident (not of your doing) happens on a public footpath, in a park or on a road, the responsibility usually lies with the local authority. And most often it’s the council who have a duty to maintain these areas to a safe standard.
Who is responsible?
The local council or local authority responsible for that specific area.
Examples of negligence could include:
- Pavements with broken, loose or raised paving slabs (typically, a hazard must be over an inch deep to be considered a legal nuisance, but this can vary).
- Deep potholes on roads or in public car parks that have not been repaired.
- Broken or faulty street furniture, such as benches or bollards.
- Ice or snow on public footpaths that has not been gritted in a timely manner, particularly in high-traffic areas.
Take note that claims against a council can be tricky, as they have statutory defences available to them. However, with expert legal guidance, you can successfully prove that they failed in their duty to keep you safe.
What should you do after a slip, trip or fall?
No matter where your accident occurs, taking these steps can be vital for the success of your claim:
- Seek Medical Attention: Your health is the priority. It’s vital that you visit a doctor or hospital immediately, as a medical report is crucial evidence.
- Report the Accident: Inform the manager of the shop or report the defect to the local council.
- Take Photographs or Videos: Use your phone to take clear pictures or videos of the exact location and cause of the accident (e.g. the spillage, the broken pavement or even a pothole). Include a universally familiar object like a coin for scale if possible.
- Get Witness Details: If anyone saw your accident, ask for their name and contact information.
- Keep Records: Note down everything you remember about the accident and keep receipts for any expenses you incur as a result of your injury.
How We Can Help – With No Financial Risk to You
Understanding who is responsible is the first step, but navigating the legal process can be complex. And that’s where our expert at RG Jones Solicitors comes in!
With a speciality in personal injury claims, we will help you manage your case with expertise and care. To also give you peace of mind, we handle these claims on a No Win, No Fee basis, which means you can pursue the compensation you deserve without the worry of upfront legal costs. If your claim is unsuccessful, you won’t pay our fees. It’s that simple. This guarantee allows you to focus on your recovery while we focus on securing justice for you.
So if you’ve been injured in a slip, trip or fall and it was indeed someone else’s fault, get in touch with us today at 0151 332 5252 or info@rgjonessolicitors.co.uk for a free, no-obligation consultation. Rest assured we’ll listen to what happened and give you the clear, expert advice you need.
About RG Jones Solicitors
For over 20 years, RG Jones Solicitors has been dedicated to helping people who have been injured through no fault of their own. We are specialists in personal injury law, and our focus is always on you, our client. We pride ourselves on offering a professional service with a personal touch. Our lead solicitor, Rosaleen Jones, is consistently praised by clients for her approachable, efficient and supportive manner. It is with this dedication to our clients that drive us to secure the best possible outcome for you.
Upholding the Highest Standards
As personal accident solicitors, we adhere to the strict guidelines set by the Solicitors Regulation Authority. We’re committed to acting with integrity, transparency, and professionalism throughout your case.