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Claiming Compensation when Injured in Public Place
Making a Personal Injury Claim
Limitation on Personal Injury Claims
Many people each and every day will suffer an injury that has occurred in a public place. Accordingly compensation can be sought for these kinds of injuries.
A claim for an accident which occurs on property which is open to the public is called a public liability claim.
If an individual suffers injuries caused by a trip or fall on a public road, plaza, square or pavement, steps or staircase, or even in a building such as a shop, bank or leisure centre then they may be able to claim for compensation.
Often an injury which occurs in a public place occurs due to the public property being left in a dangerous condition. In this case injuries may often be caused by sharp protruding objects or materials and debris which have been left by workmen.
In some respects it may be even fallen branches from trees that hang over the public highway, unlighted skips or parked vehicles left in a dangerous position at the side of the road which has caused the accident or personal injury.
If you were to suffer an injury in a public place you would make the claim against the person or organisation responsible for the property.
The person or organisation who is responsible for the property should have public liability insurance in place to deal with such incidents.
The following are examples of injuries suffered in public places:
If you have suffered an injury which is caused by an accident on a public pavement, path or road of which you believe has occurred due to the negligence of the local authority you may be entitled to claim for compensation from that local authority.
The local highway authority has a responsibility to the public to maintain the pavements to a satisfactory standard. If they have not ensured that the pavement is as safe as can be reasonably expected then they may be considered negligent.
Often issues of broken tarmac, uneven paving stones, potholes or a raised tripping hazard are reported to the local council who will instruct the highway authority to alleviate these problems. If you suffer injury due to an issue with the highway which has already been reported to the local council then there is a high chance that the injury will be seen to have been caused by their negligence.
Accidents at schools can often occur in relation to defective school grounds or facilities or in relation to lack of proper supervision.
The school has a responsibility to maintain the safety of the children who attend the school but also in relation to all others who attend the premises such as teachers, other staff and visitors. If the safety of any of these people is not properly maintained then the school may be liable for compensation due to an injury caused by negligence.
When concerning ourselves with personal injury suffered in a public place food poising is not often the first thing that springs to mind but it is a high cause of injury suffered and therefore compensation claims made.
The most common cause of food posing is through improperly cooked or handled food but can arise in relation to food in very different circumstances such as from a product purchased from a supermarket, meals served in a restaurant or on a ship or aircraft both at home and abroad.
Lifts and escalators are continually used throughout the UK and it is the duty of the organisation of the building to keep them in proper working order and a good state of repair. Compensation is likely to be claimed in relation to a malfunction or defect causing the improper working of the lift or escalator which may cause personal injury to an individual.
If you suffer an injury in a public place which was not the fault of another, for example you may fall due to your own volition then you will not be able to make a claim for the personal injury suffered. In order to make a compensation claim there must be negligence.
The first steps which you should take if you have suffered an accident at work are as follows:
It is an important factor in pursuing a compensation claim to record as much detail as possible.
There may have been witnesses to the incident. If this is the case it is good practice to keep a record of the details of all witnesses.
If it is possible you may wish to take photographs of the incident and the personal injury.
The more details which you have in relation to a particular incident, the more likely you will be successful in proving a claim for compensation.
Serious accidents occurring in various public places such as a supermarket must be recorded in an accident book. If you have suffered an injury in a place like this it is good practice to ensure that this is done.
Accident books will therefore provide a record of what has happened in order for the claim for compensation for the accident suffered but will also provide the organisation with full details which can be taken into account when ensuring that similar accidents do not occur again.
There are many personal injury lawyers who specialise in cases involving injuries happening in public places and often will be done on a no win no fee arrangement. It is necessary to gain specialist legal advice as often medical reports will be required to prove your case and specialist medical opinion will need to be gained. Also if you are to be successful in a claim you will need to prove that the three aspects of a negligence claim are apparent:
There are two elements in relation to any form of compensation award. They are as follows:
General damages will be awarded for the pain and suffering which you may have gone through following your injury and also for loss of amenity.
Special damages are awarded for your loss and expenses.
The aim of special damages is to put an individual back in the position financially as if the accident had never occurred.
In cases involving a serious injury occurring in the workplace whereby a person will no longer be able to undertake their employment, this will be taken into consideration when assessing compensation.
Costs for care, equipment, transport and housing modifications can also be taken into account when calculating compensation.
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