An estimated 350,000 people a year visit A&E in the UK after a slip, trip or fall in a public place. Most don't realise that if a shop, restaurant, council or other 'occupier' failed to take reasonable care for visitors, they have a clear-cut public liability claim. This guide explains the legal test, the evidence you need to gather in the first 48 hours, and the realistic compensation ranges for the most common injuries.
Under the Occupiers' Liability Act 1957, anyone who controls premises owes a 'common duty of care' to lawful visitors — to take such care as is reasonable to see that the visitor is reasonably safe. That covers shops, restaurants, hotels, gyms, hospitals, schools, theme parks and council-owned land such as parks, pavements and car parks.
The duty is not absolute. The occupier doesn't have to make the premises perfectly safe, only reasonably safe. Spilt liquid that's been on a supermarket floor for ten seconds is unfortunate; spilt liquid that's been there for forty minutes with no warning sign is negligence.
Every public liability claim needs four ingredients: a duty of care (almost always present), a breach of that duty (the unsafe condition), causation (the breach caused your accident) and recoverable loss (injury or financial harm). Missing any one and the claim fails.
The most commonly disputed element is breach. The occupier will argue they had a reasonable inspection regime in place. Your evidence needs to show the hazard was either obvious, long-standing or repeatedly occurring — not a freak event a vigilant operator would have missed.
Photograph the hazard from multiple angles, including any wet floor signs (or absence of them), lighting, surface texture and the surrounding area. Take pictures of your shoes and any injuries. Note the exact time and any witnesses, with their phone numbers if they're willing.
Report the accident to the manager and ask them to log it in the accident book. You're entitled to a copy of your own entry under data protection law. Request CCTV footage in writing within 30 days — most retailers overwrite footage on a 28 to 31-day cycle. Keep all medical records, GP notes and receipts for prescriptions, taxis and lost earnings.
Compensation has two parts: 'general damages' for the pain and suffering itself, and 'special damages' for financial losses. The Judicial College Guidelines, updated in 2024, set the typical brackets used by courts and insurers.
A minor wrist fracture healing within a year is typically £4,000 to £8,500. A moderate ankle injury with ongoing symptoms is £14,000 to £27,500. A back injury with a year or two of significant restriction sits around £8,000 to £13,000. Soft-tissue whiplash from a fall is £2,500 to £5,000. Add special damages — lost earnings, treatment costs, travel — on top.
You have three years from the date of the accident (or from the date you became aware the injury was linked to the accident). For under-18s the clock doesn't start until their 18th birthday. For people lacking capacity, it may not run at all.
Most claims are run on a no win no fee basis. The solicitor's success fee is capped at 25% of certain heads of damages. Get the firm to confirm in writing the percentage, what happens if you lose and whether After the Event insurance is included.
Yes, if the defect is more than around 25mm deep — the rough threshold councils use. Below that, courts often find no breach of duty.
The court can reduce your compensation by your share of fault — known as contributory negligence. Looking at your phone when you fell typically attracts a 25-50% reduction.
Straightforward claims with admitted liability settle in 4-9 months. Disputed claims with court proceedings typically take 12-24 months.
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