Accidents In Public Spaces (public Liability) Solicitors

Sustaining an injury in a public place can be serious, and our team will do what we can to make sure you get the compensation and any ongoing care you deserve following your injury.

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Accidents in Public Spaces (Public Liability) Compensation Claims

Our Accidents in Public Spaces (Public Liability) specialists are here to help

If you’ve had an accident in a public space then you may be able to claim compensation. Our legal team offer a free consultation to discuss your case.

Defects on public roads and pavements

Pavements and roads are generally, but not exclusively, under the control of the local council or highway agency and it is their responsibility to ensure that the roads and pavements are kept in a good condition.

This is usually achieved by them having a system of inspection and maintenance in place. The system of inspection and maintenance will differ depending on the type of road and pavement in question.

A defect could be a pot hole or cracked tarmac in the road or pavement, or loose paving stones which have protruded to form a lip.

To succeed in these claim types there are 3 tests that must be passed, which are:

  1. The hazard that caused the fall or trip is on a piece of highway that is maintainable through public funds.
  2. The defect is so bad that it requires repair. The usual rule of thumb is that the pot hole or lip has to be 1.5 inches deep/high to be classed as defective.
  3. The relevant local council or highways agency does not have a suitable or sufficient system of inspection and maintenance in place.

If the relevant local council or highways agency can show that they have a suitable or sufficient system of inspection and maintenance in place then they will have an automatic defence to any claim under s.58 of the Highways Act 1980.

Public liability claims are not exclusively tripping, slipping and falling accidents. There are other types of accidents that could be sustained in a public place, examples of which are:

  • Injury caused by damaged play equipment in parks and public recreational areas;
  • Injury caused from a defective bench or picnic tables in public places;
  • Injury caused from broken stiles or gates allowing for public access;
  • Injury caused by a falling branch;
  • Injured by a broken road sign;
  • Defective street furniture causing injury.

School accident claims

When you send your children to school you trust that they will be in a safe place where they will be cared for. When your child is injured at school it is very worrying and stressful and leaves you wondering whether the accident could have been prevented and what you should do next.

How our school injury lawyers can help your child

Children’s bodies aren’t fully grown, which means the full extent of any injury at school may not be obvious until they are older. This why our team, when seeking compensation, will take into account the impact on your child’s life right now, and in the future. This may include the costs of care, medical treatment and any loss of earnings you might experience in the process.

Our specialists will also support your family with getting the right rehabilitation and medical treatment for your child following their injury.

Please note claims for injuries sustained on school premises are not just limited to children. Anyone who sustains an injury while on school premises whether as an employee or as a visitor may have a claim against the school and should seek legal advice.

Want some fast, free advice? Reas our School Accident FAQs

School trip injury claims

If your child has sustained an injury on a school trip, the school could still be liable. This could be a trip to the local park, a walk down the road, or even a boarding trip further away somewhere else in the country. Schools must safeguard children as part of their legal duty of care, and inadequate supervision can be one of the most common reasons for an injury to happen and a claim to be brought.

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Accidents in Public Spaces (Public Liability) frequently asked questions

School accident claims can be made about accidents that cause an illness or injury to your child. In order for a school accident claim to be successful, the school has to be at fault for the injury. We can provide guidance to you about this. Below is a list of common school injury claims:
  • Playground injury claims – tripping over, falling from climbing frames, slipping over;
  • Dangerous walkways – corridors or pathways on school premises being unsafe because of spillages or because an outdoor pathway has not been gritted in snow or ice conditions
  • Classroom injury claims – slipping or tripping, injury from faulty furniture, injury caused by lifting heavy objects;
  • School trip injury claims – injury caused while on a school trip under the guardianship of the school staff;
  • School bus accident claims – injury while on board due to faulty seating, or any other faulty equipment. This also applies to minibuses;
  • Being injured after using damaged equipment;
  • Injuries related to physical activity, for example during P.E lessons;
  • Illnesses caused by school food;
  • Injuries caused from being exposed to asbestos while at school.
If you or your child suffers an injury on school premises, it’s important that it is reported to a member of staff. Schools should have a policy in place that states all accidents should be recorded. This will mean that they can properly investigate and try to avoid the same thing happening again. It will also assist with evidence you need for a school injury claim. If you are able to do so taking photographs of defective equipment or a dangerous pathway for example can be very helpful. You should also keep receipts for any expenses incurred as a consequence of an accident.
When a child is under the age of 18 then a claim is started by their parent or guardian. The child is the claimant but an adult has to act on their behalf. That adult is called a “litigation friend”. Note: If you are partly responsible for your child’s school injury, you will not be able to claim as their litigation friend.
Accidents in Public Spaces (Public Liability) Compensation Claims legal services

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