LEGAL GUIDE · ENGLAND & WALES
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If you have been injured in a public place — a shop, a park, a café, a sports centre, or anywhere else that is open to members of the public — you may have a public liability claim. This type of personal injury claim holds the person or organisation responsible for that place accountable when their negligence causes harm to visitors.
Public liability claims are one of the most common types of personal injury cases in England and Wales. Every year, thousands of people are injured on other people’s or organisations’ premises through no fault of their own. The law is on your side — and NJS Law can help you get the compensation you deserve, with no upfront cost.
Key fact: You generally have three years from the date of your accident to start a public liability claim. If you were injured as a child, the three-year clock starts on your 18th birthday. Act promptly — evidence disappears, and the sooner you start, the stronger your claim.
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What Is a Public Liability Claim?
A public liability claim is a legal claim you make against a person or organisation whose negligence caused you injury in a place that is accessible to the public. The legal basis for most public liability claims is the Occupiers’ Liability Act 1957, which places a duty of care on anyone who occupies or controls premises.
Under the Act, occupiers must take reasonable steps to ensure that visitors are safe while using their premises for the purposes for which they are invited or permitted. If they fail in that duty — and you are injured as a result — you have the right to claim compensation.
The range of places and situations covered is broad:
- Shops, supermarkets, and retail centres
- Restaurants, cafés, pubs, and hotels
- Gyms, leisure centres, and sports facilities
- Schools, universities, and community halls
- Hospitals, GP surgeries, and care homes
- Public parks, playgrounds, and open spaces managed by councils
- Car parks, stairwells, and communal areas in residential blocks
- Event venues — concerts, fairs, and exhibitions
Who Can You Claim Against?
The defendant in a public liability claim is whoever was responsible for the safety of the place where you were injured. This is not always obvious, and it can sometimes be more than one party.
Retail and Hospitality Businesses
If you slip on a wet floor in a supermarket, trip over a loose mat in a restaurant, or fall on poorly lit steps in a hotel, the business that runs the premises owes you a duty of care. Even if the hazard was created by a member of staff rather than the owner directly, the business is liable under the principle of vicarious liability.
Local Councils
Councils are responsible for maintaining public spaces such as parks, playgrounds, and public buildings. Where a council-managed space has an unrepaired hazard — broken playground equipment, a flooded path, a crumbling car park surface — and you are injured because of it, the council may be liable. Councils can also be responsible for pavements and roads under the Highways Act 1980 — see our dedicated guide on pavement trip and pothole claims.
Schools and Universities
Educational establishments owe a duty of care both to pupils and to members of the public who visit. If you are injured on school premises or at a university facility, a claim can be made against the institution.
Event Organisers
Educational establishments owe a duty of care both to pupils and to members of the public who visit. If you are injured on school premises or at a university facility, a claim can be made against the institution.
Trespassers — A Different Standard
If you entered a premises without permission, the Occupiers’ Liability Act 1984 applies. The duty of care is lower but does still exist — occupiers must take reasonable steps to prevent injury to trespassers if they are aware of a danger and know people are likely to encounter it. Children trespassing are given particular protection under the Act.
What Do You Need to Prove?
To succeed in a public liability claim, you need to establish three things:
- The occupier owed you a duty of care — which is almost always satisfied if you were a lawful visitor
- They breached that duty — meaning they failed to take reasonable steps to keep the premises safe
- That breach caused your injury — the dangerous condition directly resulted in your accident and injury
The key question is always what was reasonable. A supermarket that cleans up a spill immediately may not be liable, but one that left a wet floor unmarked for two hours almost certainly is. Courts look at whether the risk was foreseeable, how serious the potential injury was, how easy it would have been to prevent, and whether the occupier had proper inspection and maintenance systems in place.
What Evidence Do You Need?
Strong evidence makes for a strong claim. The most useful evidence in a public liability case includes:
- Photographs and video — images of the hazard, the scene, and your injuries, taken as soon as possible after the accident
- CCTV footage — request it in writing immediately; footage is typically overwritten within 30 days
- Accident book entry — if the incident happened on business premises, ask staff to log it in the accident book and keep a copy
- Witness details — names and contact numbers of anyone who saw what happened
- Medical records — A&E notes, GP records, and any physiotherapy or specialist referrals
- Receipts and invoices — for any costs you have already incurred as a result of your injury
Act fast on CCTV: Most businesses and councils overwrite CCTV footage every 28–31 days. Write to the premises owner immediately preserving all footage from the date and time of your accident. If you instruct NJS Law, we will do this for you from day one.
How Much Compensation Could You Receive?
Public liability compensation covers two categories of loss:
General Damages (Pain, Suffering, and Loss of Amenity)
This compensates you for the injury itself — both the physical pain and the impact on your life. The amount depends on the nature and severity of your injuries. Solicitors use the Judicial College Guidelines (18th edition, April 2026) to estimate these values. You can read more about average personal injury compensation payouts in the UK. Some example ranges include:
Injury Type | Approximate Range |
Minor soft tissue injury (full recovery within 3 months) | Up to £3,150 |
Moderate wrist injury | £13,370 – £29,260 |
Moderate knee injury | £14,840 – £26,190 |
Back injury — moderate disc lesion with lasting symptoms | £27,760 – £38,780 |
Fractured hip or pelvis (significant) | £39,170 – £52,500 |
Moderate psychiatric injury with good recovery prospects | £6,400 – £19,070 |
Special Damages (Financial Losses)
You can also claim back any out-of-pocket financial losses caused by the accident, including:
- Loss of earnings (including future earnings if your injury affects your ability to work)
- Medical and rehabilitation costs
- Travel costs to appointments
- Care costs if you needed help at home
- Damaged clothing or property
What Is the Time Limit for a Public Liability Claim?
Under the Limitation Act 1980, you have three years from the date of your accident to issue court proceedings. This applies to most adults injured in public places in England and Wales. Key exceptions:
- Children: The three-year clock does not start until the child turns 18. A parent or guardian can bring a claim on their behalf at any time before then.
- Mental incapacity: The time limit does not run while a person lacks the mental capacity to manage their own claim.
- Date of knowledge: If you did not immediately realise your injury was caused by the accident, the three years may run from when you first knew (or ought reasonably to have known).
Do not wait until the last minute. Evidence becomes harder to obtain and witnesses’ memories fade. For a fuller explanation of these deadlines, see our guide on personal injury claim time limits in England and Wales.
No Win, No Fee Public Liability Claims
NJS Law handles all public liability claims under a Conditional Fee Agreement (CFA) — commonly known as No Win, No Fee. This means:
- You pay nothing upfront to start your claim
- If your claim is unsuccessful, you pay nothing at all
- If you win, a success fee is deducted from your compensation — but this is agreed with you in advance, and you always keep the majority of your award
There is no financial risk to you in finding out whether you have a claim.
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Frequently Asked Questions
What is a public liability claim?
A public liability claim is a legal claim against the person or organisation responsible for a public or private premises where you were injured due to their negligence. It is based on the Occupiers’ Liability Act 1957 and covers a wide range of places including shops, restaurants, parks, schools, and event venues.
How long does a public liability claim take?
Most straightforward public liability claims settle within 9 to 18 months. More complex cases — particularly where liability is disputed or where your injuries are serious and ongoing — can take longer. NJS Law will give you a realistic timeline at the outset based on the specifics of your case.
What if the business denies liability?
It is very common for businesses and their insurers to initially deny or dispute a claim. This does not mean your claim will fail. Your solicitor will gather evidence, correspond with the defendant’s insurer, and if necessary, issue court proceedings. The vast majority of claims that are properly evidenced settle before reaching a final hearing.
Can I claim if I was partially at fault?
Yes. If you were partly responsible for your accident — for example, if you were not watching where you were going — your compensation may be reduced proportionally. This is called contributory negligence. But even a partial fault on your part does not bar you from recovering compensation altogether.
Do I need to have seen a doctor to make a claim?
You do not need to have visited a doctor before contacting us, but you should seek medical attention as soon as possible after an accident. Medical records form an important part of the evidence in any personal injury claim, and a delay in treatment could be used to minimise the seriousness of your injury.
What is the difference between public liability and occupiers’ liability?
The terms are often used interchangeably and both involve injury on someone else’s premises. “Occupiers’ liability” refers specifically to the legal framework under the Occupiers’ Liability Acts 1957 and 1984, while “public liability” is the broader commercial and practical term used by insurers and the industry. NJS Law handles both under the same No Win, No Fee service.
This article is for general information only and does not constitute legal advice. The law applies differently depending on the specific facts of your case For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of public liability claims, including eligibility, time limits and the claims process, see NJS Law’s public liability claims service page.
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