Accidents in shops, venues and public spaces
A public place accident claim is brought against the occupier of premises the public are invited onto — a retailer, restaurant, gym, hotel, car park operator, leisure centre or local authority — where a failure to keep the place reasonably safe caused you injury.
The duty comes from the Occupiers' Liability Act 1957. It does not require premises to be hazard-free; it requires the occupier to take such care as is reasonable in the circumstances to see that visitors are reasonably safe. What is reasonable depends on the type of premises, who uses them and how obvious the risk was. Higher standards apply where children are expected visitors.
Our solicitors bring public liability claims for clients throughout England and Wales on a No Win, No Fee basis.
Where public place accidents happen
These claims cover a broad range of locations and circumstances:
- Shops and shopping centres Falling stock, collapsing displays, faulty automatic doors, unsafe trolleys and unmarked wet floors.
- Restaurants, cafés and pubs Unlit steps, broken chairs, hot liquid injuries and poorly maintained toilets and beer gardens.
- Gyms and leisure centres Defective equipment, inadequate induction or supervision, and wet changing room and poolside surfaces.
- Hotels and holiday accommodation Faulty balconies and balustrades, scalding water, unlit stairwells and unsafe swimming pools.
- Car parks Broken surfaces, unlit stairwells, defective barriers and falling debris from structures.
- Parks and playgrounds Broken play equipment, unsafe surfacing and hazards left by contractors or grounds staff.
- Schools and public buildings Where maintenance or supervision fell below what was reasonably required.
- Events and venues Crowd management failures, temporary structures and trailing cabling at festivals and exhibitions.
Injuries in public place accidents
The injuries we see in public liability claims range widely in severity:
- Fractures and broken bones
- Head and facial injuries
- Back and neck injuries
- Burns and scalds
- Cuts, lacerations and scarring
- Knee, ankle and ligament injuries
- Crush injuries from falling objects
- Injuries to children
- Food poisoning and illness
- Psychological injury
What to do after an accident in a public place
Businesses and authorities put things right quickly, which is why prompt evidence matters:
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1
Report it to the occupier Tell the manager or duty staff and insist an accident or incident report is completed. Take the name of whoever you spoke to.
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2
Photograph the hazard and the scene Capture the cause, the surrounding area, lighting and any missing signage or barriers before it is put right.
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3
Ask about CCTV Most commercial premises are covered. Note that footage is often overwritten within two to four weeks, so it needs requesting quickly.
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4
Collect witness details Other customers or passers-by, and any staff who acknowledged the problem at the time.
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5
Get medical attention Attend A&E, a minor injuries unit or your GP so the injury is independently recorded and dated.
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Keep receipts and damaged items Proof of your visit, damaged clothing or glasses, and any expenses arising from the accident.
How much compensation could you receive?
Compensation in a public liability claim is assessed in the two usual parts, and is met by the occupier's public liability insurance. No solicitor can promise a figure at the outset, but we can explain exactly how the calculation is built.
General damages — the injury itself
This covers the pain, suffering and loss of amenity caused by the injury: its severity, how long it lasts and what it prevents you doing. Courts value this using the Judicial College Guidelines, supported by the independent medical evidence obtained in your case.
Special damages — your financial losses
This covers your evidenced financial losses: lost earnings, private treatment and physiotherapy, prescriptions, travel to appointments, care provided by family, childcare, and damaged property such as clothing, glasses or a phone.
Identifying the correct defendant is often the hardest part of these claims. A shopping centre unit may be occupied by the retailer, maintained by a managing agent and owned by a landlord. We establish who was legally responsible before proceedings are issued.
Who is legally responsible?
Liability rests with the occupier — the party in control of the premises — which is not always the owner. In a leased retail unit it is usually the retailer; in a shopping centre's common areas it is usually the centre's management company; on a pavement or in a park it is usually the local authority.
Where a contractor caused the hazard, for example a cleaning firm or a maintenance company, responsibility may lie with them, with the occupier, or with both. Establishing this correctly at the outset matters, because a claim brought against the wrong defendant can be struck out and time may run out in the meantime.
There are also situations where an occupier's duty is reduced. Warnings that genuinely make a visitor reasonably safe, obvious risks that any adult would appreciate, and injuries caused by the negligence of an independent contractor properly selected and supervised can all limit liability. We assess these honestly at the first meeting rather than after you have invested months in a claim.
Time limits for public place accident claims
The standard limitation period is three years from the date of the accident. For a child, the three years begins on their eighteenth birthday, so a claim can be brought long afterwards — though evidence is far better gathered at the time.
Where the injured person lacks mental capacity, the limitation period may not run at all. Accidents abroad are subject to different, and often much shorter, foreign limitation periods, so overseas holiday accidents need advice quickly.
Types of public place claim
Whoever controls a space is responsible for keeping it reasonably safe for the people they let into it. Who that occupier is decides who you claim against, and it is not always obvious.
Slip, trip and fall claims
Wet floors, uneven surfaces and poor lighting. The cleaning and inspection schedule is usually the document that wins or loses the claim.
Supermarket accident claims
Spillages, trolley injuries and stock falling from shelves. Large chains keep detailed inspection records, which is often to your advantage.
Shopping centre accident claims
Escalators, atrium floors and entrances in wet weather. The centre's managing agent and the individual retailer can each be responsible for different areas.
Holiday accident claims
Package holidays are covered by the Package Travel Regulations, so a UK claim against the UK tour operator is often possible for something that happened abroad.
Stair and staircase falls
Missing handrails, worn nosings and inadequate lighting. Building regulations set measurable standards, which makes these claims unusually evidence-led.
Claims against a council
Parks, libraries, schools and highways. Councils have a statutory defence if they can show a reasonable inspection system, so the inspection records matter more than the defect.
Pavement and highway defects
Trip hazards in footways and potholes. Depth and duration are what decide these, so photograph the defect with something for scale before it is repaired.
Accidents on private property
Someone else's home, a landlord's communal area or a business premises. The Occupiers' Liability Acts set the duty, and it differs for visitors and trespassers.