Slips, trips and falls can happen anywhere however if you’re injured in a public place through no fault of your own, you may be entitled to claim compensation for your injuries.
We regularly see a wide range of accidents occurring in public spaces, and the law varies depending on where and how the incident happens. Below is a helpful overview of the key points you need to know.
Accidents on public premises (shops, restaurants, supermarkets etc.)
Accidents in privately owned premises that are open to the public are common. These incidents can happen for many reasons, including:
- Spilled products or liquids left on the floor
- Recently cleaned or mopped floors without warning signs
- Boxes, stock or other tripping hazards left in walkways
- Uneven floors, cracks, dips or broken tiles
- Damaged steps or stairs, or the absence of adequate handrails
The occupier’s duty of care
Under the Occupiers’ Liability Act 1957, the person or organisation in control of the premises (the “occupier”) must take reasonable steps to keep visitors safe.
To succeed in a claim, you would need to show that the occupier failed to take reasonable precautions. This can include looking at whether they had:
- Up to date risk assessments
- Adequate staff training
- Clear procedures for identifying and dealing with hazards
- Regular cleaning and inspection systems
If these steps were not taken and you were injured as a result, you may have grounds to claim compensation.
Accidents on public highways (pavements & roads)
The law is different when an accident happens on a public highway such as a pavement, footpath or road maintained by the local authority. These cases fall under the Highways Act 1980.
Common examples include:
- Uneven or raised paving slabs
- Potholes causing injury to pedestrians, cyclists or drivers
- Damaged or unsecured manhole covers (sometimes the responsibility of other agencies)
The local authority’s duty
Local authorities must have a reasonable inspection and maintenance system in place. The required frequency of inspections varies depending on how busy the area is. For example:
- Quiet residential roads might be inspected only once a year
- Busy town centres may require monthly inspections
If an accident occurs, the local authority will need to show evidence that inspections were carried out properly.
When Is a defect considered dangerous?
For a claim to succeed, you must also show that the defect was significant enough to require repair. As a general guideline:
- Pavement defects are often considered dangerous if over 1 inch deep
- Road defects are often considered dangerous if over 2 inches deep
However, every case depends on its individual facts.
If you have been injured in a public place and would like to see if you have a claim, you can call our new business advisors to have a chat and get some advice with no obligation, on 0161 696 6235.
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