Public liability and occupiers’ liability claims are similar in nature and there is often a cross-over in relation to the law applied to them.
The most common types of these claims are:
- Tripping/slipping on public roads and paths
- Tripping/slipping in public parks and other public areas
- Accidents that occur in shops
- Accidents that occur in privately owned buildings or land e.g. shopping centres
- Accidents that occur in private properties
Claims against the Local Authority
Claims for trips or slips on public areas are generally difficult to pursue. It is therefore important that if such an accident occurs, photographs of the defective area are taken as soon as possible. Additionally, claims are substantially aided if photographs clearly showing measurements of the defect are also taken. You should also ensure that you report the accident as soon as possible to the relevant authority after you have taken the photos and measurements.
The most common defence used by Local Authorities is that they have implemented a reasonable system of inspection and repair. I.e. they only have to show that they inspected the area on a regular basis and that they undertook repairs within a reasonable timescale after they received reports about them. The mere presence of a pothole, for example, does not mean that the Local Authority has been negligent.
This does not mean that all claims will fail though and it is therefore important to gather as much evidence of the defective area as quickly as you can.
Claims against privately owned buildings or land
Claims for accidents in shops and shopping centres for example are slightly easier to prove than those against Local Authorities.
We deal with plenty of claims against supermarkets, shops and shopping malls, where injuries occur regularly due to liquids or items being on the floor of the premises.
Footfall in shops and shopping centres is usually significantly higher than on a public footpath. Therefore, the onus on the Defendant owner or occupier of the premises to inspect the area and rectify defects and remove obstructions is much higher.
In order to successfully defend a claim, the Defendant must be able to show that it has effective risk assessments, a good system of inspection and a good cleaning policy and that it had implemented the same on the day of the accident.
As above it is important that you take photographs and measurements of the defect, spillage or cause of your accident as soon as possible. You will also need to ensure that you report the accident as soon as you are able to do so. It will aid a claim if accurate details of the accident are reported at the time.
Instructing a lawyer as soon as possible is important to ensure that any evidence such as CCTV can be preserved. Additionally instructing solicitors with years of experience in such claims is important to ensure you receive the best advice and service possible.
If you have suffered an accident and would like some advice, please call our expert team of lawyers on 0114 218 4000 or email info@tayloremmet.co.uk.
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