Public liability insurance

If you have had an accident in public, then it would be worth your while checking to see whether the place where you had your accident has public liability insurance. Public liability insurance covers companies, shops and organisations should anything happen whilst somebody is on their property. It is a legal requirement to have public liability insurance and you can be prosecuted for not having it.

Having an accident in a public place can be traumatic, especially if the injuries you sustained are quite bad. If the accident hasn’t been your fault, you will want to pursue a case for compensation against those who are to blame.

A solicitor is best placed to advise you and guide you through the processes of putting together a case for compensation. There are solicitors who deal specifically with cases relating to accidents in public and they will know the best way to proceed with your case.

Your solicitor will ensure that you receive the compensation you are entitled to for the injuries you have suffered with. Your physical and emotional injuries will both be taken into consideration when the judge is reviewing your case.

Do they have public liability insurance?

Having an accident can be horrific, but having an accident in a public place can also be humiliating, especially if the accident wasn’t your fault. In order to get compensation for your accident, you need to hire yourself a really good solicitor.

Your solicitor will investigate your accident and the reasons why you had your slip or trip in public. They will determine whose fault it was and who you need to pursue in order to get compensation. They will find out whether or not they have public liability insurance, which will cover them for any accident that occur on their property or land. It is a legal requirement to have public liability insurance and places can be prosecuted for not having it.

Recording all of the events leading up to and following your accident will strength your case. You need to keep a note of all of your hospital or doctors visits as well as any medical expenses that you have incurred as a direct result of your accident. Having a good record can strengthen your case for compensation.

Slip & Trip Public Liability Personal Injury Compensation Claims

Slip & Trip claims - Who should foot the bill?

We have all heard the phrase "Where there's blame, there's a claim", but is that true? If it is true, who foots the bill for the compensation and what will it cost them?

The majority of 'Slip and trip' claims (correctly know as Public Liability claims) tend to be made against Local Authorities and Councils. The duty of care to maintain footpaths to a safe standard falls under the Highways Departments of the Councils of the UK. In basic terms, the law can hold the Council liable for injuries caused by a fall on a Public Footpath if a few basic criteria are met. These include, the height or depth of a hazard (hole or raised edge) on a footpath, the fact that it has been in situ for a certain length of time (at least 6 months and around 1 year) and that it has been reported to the Council or they have failed to carry out adequate inspection regimes.
These are fair criteria in anyone's book. we know that Council's have miles and miles of footpaths and road surfaces to check and maintain. They can't possibly be expected to repair any damaged or dangerous surface within hours, days or weeks of it becoming a problem. Therefore, to allow many months to carry out inspections and then action necessary repairs is very fair indeed. So, if the council's fail in their statutory duty to provide safe and well maintained footpaths, who foots the bill?

The Payers

Local Authorities are covered by Public Liability Insurance and it will often be the PL insurance company who foot the bill if their client is proven to have been negligent and at cause for an injury. However, we often hear stories in the media regarding the amount of council tax payers money that has to be kept aside to 'pay off compensation claims'. This story is often touted around the media as if to say it is terrible and a rip-off - almost as if it was designed to put people off from claiming. So, why would this story be presented in the way it is? Clearly, the councils are always under pressure to spend money in their regions. Everyone wants a piece of the pie and there is only so much pie to go around. In our view, Councils shouldn't be putting money aside to cover potential claims - if they are doing that, it indicates that THEY KNOW that they are likely to receive claims because they have not made an area claim proof! I don't understand this. Surely, it would be beneficial and far cheaper in the long run, for a Council to spend money ensuring that the pavements in their area are well maintained, employ a sufficient numbers of inspectors to inspect the pavements in their area and report back any faults that are liable to be 'claimable' and then spend the money on making their pavements and parks claim proof. Sure, you can never make anything 100% claim proof, but you can go alot further than some of the councils of our country have done. You see, they don't need to set £5 million big ones aside to settle claims. They need to continually invest in repairs, inspections and renewals of footpaths and the like on an annual basis. If this was done, the volume of genuine Public Liability 'slip and trip' claims would fall and thus, the insurance premiums and council costs would drop too. Simple isn't it?

Don't blame the injured party

To me it seems that the publishing of the story about how much money is set aside to compensate victims of personal injury accidents, is aimed at blaming them for the cost and to increase the belief in the myth of the Compensation Culture. Maybe the thinking behind it is 'if we can make people feel bad about taking tax payers money and that if they do, they are not really entitled to it, they won't claim'? I don't know, but it does seem odd.

If people are injured because a footpath has been left to rot or not been resurfaced and repaired, or tree root growth that has lifted paving slabs and created a minefield for the elderly and children has not been tended to within a reasonable time, why shouldn't someone claim compensation? I know that if I fell on a bad pavement and sustained a broken arm or ankle, I would want to claim. Why should I be unable to earn my wages because the council that I pay my council taxes to, have failed to repair a pavement?

Doing our part

Clearly, we the general public of UK Ltd, need to give our councils help. If we spot dangerous pavements with a hazardous appearance, we MUST inform our Highways Department. By doing this, we are ensuring that the Councils know about the hazards in their areas and can make them safe.

If they then fail to attend the area and make the relevant repairs, then they have no-one to blame other than themselves when their insurance premiums go up and claims are made against them.

Who you gonna call?

Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.