Picture this: you’re walking home from work along a public footpath, listening to music or an audiobook, when suddenly your foot catches on a raised paving slab. The next thing you know, you’re on the ground, surrounded by concerned strangers. You’re injured, you arm is fractured, and the consequences are serious: surgery, months off work, lost income, medical expenses, and ongoing pain.
Or perhaps you slipped on a wet shop floor in a supermarket or franchise store and suffered a severe back injury.
In both situations, the question is the same:
Who do I sue for personal injury compensation?
The answer depends on who owed you a duty of care at the time of the accident.
To succeed in a personal injury claim, you must prove, on the balance of probabilities, that:
This applies to claims involving slips, trips, falls, accidents in public places, workplaces, shops, and on pavements.
A duty of care can arise under:
For example, employers owe a statutory duty under the Health and Safety at Work etc. Act 1974 to protect employees’ health and safety.
For public places and visitor accidents, the most relevant legislation is the Occupiers’ Liability Act 1957.
The Occupiers’ Liability Act 1957 governs accidents involving visitors to premises.
Section 2(2) of the Act states that an occupier must:
“Take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted to be there.”
An occupier is an person or organisation with control over premises, including:
Crucially, the occupier does not need to own or live at the premises. This means a claim may be brought against a landlord, company, or council depending on who controlled the area where the accident occurred.
“Premises” can include:
In Lewis v Wandsworth London Borough Council (2020) EWHC 3205 (QB), a claimant was struck by a cricket ball while walking through a public park.
Although the claim ultimately failed on appeal, the High Court confirmed that the local authority owed a duty of care under the Occupiers’ Liability Act 1957, demonstrating how broadly the Act can apply.
Yes, sometimes.
Occupiers may discharge their duty of care by adequately warning visitors of hazards, such as:
In some cases, liability may also be avoided if a visitor voluntarily accepts the risk, such as entering a clearly marked construction site.
However, warnings must be clear, visible, and provided before the accident occurs.
Where legislation does not apply, courts rely on common law principles.
This landmark case established the modern concept of duty of care. Lord Atkin introduced the “neighbour principle”, requiring people to take reasonable care to avoid foreseeable harm to others.
Today, courts typically apply the three-stage Caparo test to determine whether a duty of care exists:
This remains the standard legal test in personal injury claims.
Most businesses and local authorities hold public liability insurance.
This means that once the responsible party is identified, it is usually their insurer – not the individual or council directly – who pays compensation and legal costs.
Identifying who owed you a duty of care after a slip, trip, or fall can be complex, particularly where multiple parties are involved.
Under the Limitation Act 1980, most personal injury claims must be started within three years of the accident. Acting quickly is essential.
An experienced personal injury solicitor will:
Our personal injury team has decades of combined experience handling claims arising from slips, trips, and falls in public places and workplaces.
We are:
Call us on 01625 667166
Or email us today for a confidential discussion
We’re here to help you every step of the way.
For fast, friendly affordable legal advice. Contact a member of our team today.
