Public and Occupiers Liability
If you have been injured as a result of an accident in a public place through no fault of your own you could be entitled to make a claim for pain, suffering and loss of amenity (known as general damages) and your financial losses (known as special damages) arising as a result of the accident.
Claims may include:
- Slipping / tripping accident on a road or pavement;
- Slipping / tripping or being hit by items falling from shelves in a shop;
- Being injured by faulty goods;
- Being injured on private property;
- Being injured in a property you rent due to a failure of the landlord to maintain the property;
- Injured in a school or Council owned premises ie a village hall;
- Injured in a public house;
- Injured looking around property on the market
and many more. If you are in any doubt as to whether or not you have a potential public or occupiers liability compensation claim please call us NOW for an immediate decision.
Financial losses can include the following:
- Cost of private medical treatment including physiotherapy and osteopath fees;
- Personal items eg clothes and jewellery;
- Gratuitous care (provided by your friends and family);
- Travelling expenses ie petrol and taxi fares;
- Past and future loss of earnings;
- Claim for your disadvantage on the open labour market if you are likely to be disadvantaged when applying for an alternative job.
We can see you at home, in hospital or at our local office on 100 New Walk, Leicester, LE1 7EA.
The Occupiers Liability Act 1957 and 1984 provide rights to visitors of premises who sustain injuries as a result of the people with day to day control of the premises failing to maintain the premises adequately or at all (this may not be the people who own the premises).
Shops are required to have a regular system of cleaning and inspection in place. If they fail to do this it can result in slipping and tripping accidents. Shops are also obliged to ensure that their shops are safe for their customers. If they fail to do this, they breach their duty of care they owe to you.
The Local Authority have an obligation under the Highways Act 1981 to carry out a reasonable system of maintenance, inspection and repair of roads and pavements. If they fail to do this it can result in slipping and tripping accidents. If a defect is more than 1 inch the claim is likely to succeed unless the Local Authority can show they have a reasonable system of inspection in place and the defect was not present at the last inspection. Any defects less than one inch are a grey area but each claim is decided on its own merits.
Accidents can also occur with vehicles and bicycles if potholes form in the roads. The Council are also obliged to follow a Winter Programme for the removal of snow and ice on the roads and pavements.
Providing we are satisfied that your claim possesses reasonable prospects of success, we will proceed with your claim under a Conditional Fee Agreement (no win no fee).
We will recover your compensation and our costs from the other party’s insurers.
LEGAL EXPENSE INSURANCE
You do not have any liability to pay the other party’s costs if you lose until Court Proceedings are issued. You have 3 years from the date of the accident to settle your claim before Court Proceedings have to be issued (minors have until their 21st birthday) . Most claims will resolve within this period, however, if it is necessary to issue Court Proceedings due to this period expiring or due to the fact the insurers are disputing liability we will ensure you have legal expense insurance to cover your opponents’ costs. You may have the benefit of this cover on an existing insurance policy, however, if not we can arrange this on your behalf at no cost to yourself. This means if you proceeded to Trial and lost your case you would not have any costs to pay.