Public Liability Claims - Injuries in Public Places

If you have been injured in a public place because someone else failed to keep it reasonably safe, you may be entitled to claim compensation through a public liability claim. These claims cover accidents in shops, supermarkets, restaurants, gyms, car parks, pavements, parks and other spaces that members of the public use. This 2026 guide explains how public liability law works in England and Wales, who can be held responsible, how much your claim might be worth, the strict time limits that apply, and how MCR Solicitors in Manchester can help you.

What Is a Public Liability Claim?

A public liability claim is a type of personal injury claim brought against the person or organisation responsible for a public or semi-public space when their negligence causes an accident and injury. The person responsible is often called the occupier or duty holder — for example a shop owner, local council, managing agent, business or landowner.

To succeed, you generally have to show three things:

• The occupier owed you a duty of care to keep the premises reasonably safe.
• They breached that duty — they did something they should not have, or failed to do something they should have.
• That breach caused your injury, and the injury and its consequences were reasonably foreseeable.

Not every accident in public leads to a valid claim. If a hazard was genuinely unforeseeable, or the occupier took all reasonable steps to prevent it, a claim may not succeed. This is why early, specialist legal advice matters.

The Law Behind Public Liability Claims

Public liability claims in England and Wales are usually based on the common law of negligence and, where the accident happens on someone’s premises, on specific occupiers’ liability legislation.

Occupiers’ Liability Act 1957

The Occupiers’ Liability Act 1957 sets out the duty an occupier owes to lawful visitors — people who are invited or permitted to be on the premises, such as customers, guests and delivery drivers. The occupier must take reasonable care to ensure the visitor is reasonably safe in using the premises for the purpose for which they are permitted to be there.

Occupiers’ Liability Act 1984

The Occupiers’ Liability Act 1984 deals with a more limited duty owed to people who are not lawful visitors, such as trespassers. A duty can arise where the occupier knows of a danger, knows people may come into the vicinity of it, and it is reasonable to expect some protection to be offered.

Accidents on pavements and roads

Where you are injured on a public highway, footpath or pavement, different rules can apply. Highway authorities (usually the local council) have duties in relation to maintaining the highway under the Highways Act 1980. However, a council may have a defence if it can show it had a reasonable system of inspection and repair in place. Trip and slip claims against councils are often defended robustly, so strong evidence of the defect is essential.

Accidents at work in a public place

If you were injured while working — for example a carer, delivery driver or contractor — the claim may fall under employers’ liability and workplace health and safety law instead of, or as well as, public liability. A solicitor can identify the correct legal route.

Common Types of Public Liability Accident

Public liability claims cover a very wide range of situations. Some of the most common include:

• Slips, trips and falls — wet or unmarked floors, spillages left uncleaned, trailing cables, or uneven surfaces in shops and public buildings.
• Supermarket and retail accidents — falling stock, spillages in aisles, or poorly stacked shelving.
• Pavement and pothole injuries — tripping on raised, sunken or broken paving slabs or potholes.
• Restaurant, pub and hotel accidents — slippery floors, poorly lit stairways, or defective furniture and fittings.
• Gym and leisure centre injuries — faulty equipment, wet changing-room floors, or inadequate supervision.
• Car park and communal area accidents — poor lighting, potholes, or unmaintained walkways.
• Falling objects — items falling from height in shops, buildings or during works.
• Accidents in parks and playgrounds — defective play equipment or poorly maintained public grounds.

Who Is Responsible for Your Injury?

Identifying the correct defendant is one of the most important parts of a public liability claim. The responsible party depends on who controls the space where the accident happened. It could be:

• A private business such as a shop, restaurant, gym or leisure operator.
• A local authority or council responsible for pavements, roads, parks or public buildings.
• A managing agent or landlord responsible for communal areas of a building or estate.
• A contractor carrying out works, for example cleaning, maintenance or construction.
• An event organiser responsible for a public event or venue.

Most businesses and public bodies carry public liability insurance, so in practice compensation is usually paid by the responsible organisation’s insurer rather than by an individual out of pocket.

What Can You Claim Compensation For?

Compensation in a public liability claim is normally divided into two categories.

General damages

General damages compensate you for the pain, suffering and loss of amenity caused by your injury — in other words, the injury itself and its impact on your quality of life and ability to do the things you used to do. The amount is assessed with reference to medical evidence and to the Judicial College Guidelines, which set out typical brackets for different types of injury, together with relevant court decisions.

Special damages

Special damages compensate you for financial losses and expenses caused by the accident. These can include:

• Lost earnings, including future loss of earnings in more serious cases.
• Medical treatment, physiotherapy and rehabilitation costs.
• Care and assistance, including help provided free by family members.
• Travel costs to medical appointments.
• Damaged property, such as clothing, glasses or a phone.
• Adaptations to your home or vehicle in serious injury cases.

Because every injury and its effects are different, there is no fixed tariff for most public liability injuries. Anyone quoting an exact figure before reviewing your medical evidence should be treated with caution. A solicitor can give you a realistic assessment once your injuries and losses are properly documented.

Time Limits for Public Liability Claims

Strict time limits apply under the Limitation Act 1980. For most personal injury claims, including public liability, you generally have three years from the date of the accident, or from the date you first knew your injury was linked to someone’s negligence, to start court proceedings. Important exceptions include:

• Children under 18 — the three-year period does not begin until their 18th birthday, so a claim can usually be brought up to their 21st birthday. Before that, a parent or guardian can claim on the child’s behalf.
• People who lack mental capacity — the time limit may not run at all while a person lacks the capacity to conduct a claim.
• Fatal accidents — where someone has died, there is generally a three-year period running from the date of death or the date of knowledge.

Even though three years can sound like a long time, evidence such as CCTV footage, accident reports and witness memories can disappear quickly. It is always best to seek advice as soon as possible.

Evidence: How to Strengthen Your Claim

Public liability claims are often defended on the basis that the accident was not the occupier’s fault. Good evidence makes all the difference. If you are able to, try to gather the following:

• Photographs of the hazard that caused the accident, ideally showing its size and location, before it is cleaned up or repaired.
• Report the accident to the shop, venue or council and ask for it to be recorded in the accident book, then request a copy.
• Witness details — names and contact information of anyone who saw what happened.
• Medical attention — see your GP, a pharmacist, a minor injuries unit or A&E so your injuries are recorded.
• Keep records of expenses, receipts and time off work.
• CCTV — note if the area is covered by cameras; your solicitor can request footage before it is deleted.

How the Claims Process Works

Most public liability claims follow the pre-action steps set out in the relevant civil procedure protocols and do not end up in a contested trial. A typical claim runs like this:

1. Free initial assessment — a solicitor reviews the circumstances and advises whether you have a claim.
2. Investigation — gathering evidence, obtaining CCTV and accident records, and identifying the correct defendant and their insurer.
3. Letter of claim — formally notifying the defendant, who then has a set period to investigate and respond on liability.
4. Medical evidence — an independent medical expert examines you and prepares a report on your injuries and recovery.
5. Valuation and negotiation — your losses are calculated and settlement is negotiated with the insurer.
6. Court proceedings — only if a fair settlement cannot be agreed. Many claims settle before a hearing.

Lower value personal injury claims often proceed through a streamlined online process, while more serious or disputed claims follow a fuller procedure. Your solicitor will explain which route applies to you and keep you informed at every stage.

No Win No Fee Public Liability Claims

Most public liability claims are funded by a Conditional Fee Agreement, commonly known as no win no fee. This means that if your claim is unsuccessful you normally do not pay your solicitor’s fees. If your claim succeeds, a success fee is deducted from your compensation. For personal injury claims the success fee is capped by law as a percentage of certain parts of your damages. The exact percentage and how disbursements and insurance are dealt with will be explained clearly before you sign, so you understand what you will actually receive. Your solicitor will confirm the current figures and terms in your individual agreement. As caps and rules can change over time, you can also check the current position and general guidance on making a personal injury claim on gov.uk.

What If You Were Partly at Fault?

You can still claim compensation even if you were partly responsible for your accident — for example if you were not paying full attention. This is known as contributory negligence. In these cases your compensation may be reduced by a percentage to reflect your share of the responsibility, but you are not automatically prevented from claiming. A solicitor can advise on how any allegation of contributory negligence is likely to affect your claim.

Frequently Asked Questions

How long do I have to make a public liability claim?

In most cases you have three years from the date of the accident, or from the date you realised your injury was linked to negligence, to start court proceedings. Different rules apply to children and to people who lack mental capacity. Because evidence can be lost quickly, it is best to seek advice as soon as you can.

How much compensation will I get for a public liability injury?

There is no fixed amount. Compensation depends on the type and severity of your injury, how long it affects you, and your financial losses such as lost earnings and care. General damages are assessed using the Judicial College Guidelines and medical evidence. A solicitor can give you a realistic estimate once your injuries have been properly examined.

Can I claim if I tripped on a pavement or pothole?

Possibly. Claims against councils for pavement and pothole injuries can succeed, but the council may have a defence if it can show it had a reasonable system of inspection and repair. Evidence of the defect — particularly photographs showing its depth or height — is very important, so try to record it before it is repaired.

Who pays the compensation in a public liability claim?

Most businesses, councils and organisations carry public liability insurance, so compensation is usually paid by the responsible party’s insurer rather than by an individual. Your solicitor identifies the correct defendant and deals with their insurer on your behalf.

Do I have to go to court for a public liability claim?

Usually not. The majority of public liability claims are settled through negotiation with the insurer without a contested trial. Court proceedings are generally only needed if liability is disputed or a fair settlement cannot be reached, and even then many claims settle before a hearing.

What does no win no fee mean for a public liability claim?

It means that if your claim is unsuccessful you normally do not pay your solicitor’s fees. If you win, a success fee capped by law is deducted from your compensation. All the terms are explained to you before you sign, so there are no surprises about what you will receive.

Speak to MCR Solicitors Today

If you have been injured in a public place and it was not your fault, the personal injury team at MCR Solicitors in Manchester can help you understand your options and pursue the compensation you deserve. We offer a free initial consultation and act on a no win no fee basis in suitable cases, so you can find out where you stand without financial risk.

Call MCR Solicitors now on 0161 466 1280 for confidential, no-obligation advice about your public liability claim, or contact us through our website to arrange a call back.