Skip to main content
Book a call — £89
Menu

Public Liability Claims UK: How to Claim Compensation

We're not a law firm — we help you find the right legal support. For advice on your situation, speak to a legal adviser or find a solicitor.

Part ofPersonal Injury

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Being hurt in a public place, whether that is tripping on a broken paving slab, slipping in a supermarket aisle, or being struck by a falling object in a shop, can leave you dealing with pain, lost income, and a lot of questions about what to do next. This guide walks through how public liability personal injury claims work in England and Wales, who tends to be on the hook when things go wrong, and the kinds of incidents that commonly lead to a valid claim. It also covers the practical side: gathering evidence at the scene, dealing with insurers, time limits that can catch people out, and what happens when the party at fault has no cover in place. The aim is to give you a clear picture before you decide whether to take things further.

Overview

A public liability personal injury claim is a civil claim brought by someone who has been injured in a place where another party had a duty to keep people reasonably safe. That party might be a shop owner, a local council responsible for a pavement, a commercial landlord, a managing agent, or the operator of a leisure venue.

The legal foundation usually sits in the law of negligence, and in many premises cases the Occupiers' Liability Act 1957 (and the 1984 Act for trespassers) also applies. To succeed, an injured person generally needs to show that the other party owed them a duty of care, that the duty was breached, and that the breach caused the injury complained of.

Most organisations in charge of public-facing spaces carry public liability insurance, which is the pot of money claims are typically paid from. The claim itself is not criminal: it is about compensation for the harm done, not punishment.

Key steps

  1. Get medical attention and keep the records. Your health comes first, but the medical notes also become evidence. See a GP, attend A&E if needed, and make sure any injuries are formally documented. Keep receipts for prescriptions, travel to appointments, and anything else you pay for as a result of the incident.
  2. Report the incident and preserve evidence. Tell the occupier, manager, or local authority what happened and ask for a written record or accident book entry. Take photos of the hazard from several angles, note the exact location, and get contact details for any witnesses before they disappear. CCTV footage can be overwritten quickly, so ask for it to be preserved in writing.
  3. Identify who is responsible. Work out who controlled the area where you were injured. That could be the shop, the landlord, a cleaning contractor, or the council. Sometimes more than one party may share responsibility, and pinning this down early affects who the claim is sent to and which insurer becomes involved.
  4. Notify the responsible party and their insurer. A formal letter of claim sets out what happened, why you say they are at fault, and the injuries and losses involved. Under the pre-action protocol for personal injury claims, the defendant normally has a set period to investigate and respond. Keep copies of everything you send and receive.
  5. Value the claim and decide how to proceed. Compensation typically covers pain and suffering (general damages) plus financial losses such as lost earnings, care, and treatment costs (special damages). If liability is admitted, the focus shifts to settlement figures. If it is denied or ignored, court proceedings may be the next step, subject to the three-year limitation period that usually applies to personal injury claims.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Common questions

Q How long do I have to bring a public liability claim?
For personal injury claims in England and Wales the standard limitation period is three years from the date of the accident, or from the date you first knew your injury was linked to someone else's fault. Different rules apply for children, whose three-year clock typically only starts on their 18th birthday, and for people who lack mental capacity. Missing the deadline usually means losing the right to claim, so it is worth acting well before it expires.
Q What if the place where I was injured has no insurance?
It does happen, particularly with smaller businesses or private individuals. You can still pursue the responsible party personally, but any compensation then has to come out of their own assets, which may be limited. In some situations you may be able to claim through a different route, for example if a contractor's insurer is involved, or through schemes that deal with specific scenarios such as uninsured drivers. An adviser can help you think through the options based on what you describe.
Q Do I have to go to court to get compensation?
Most public liability claims settle without a trial. The pre-action protocol is designed to encourage early exchange of information, and insurers will often negotiate once liability is reasonably clear. Court proceedings tend to be a last resort when fault is disputed or the value cannot be agreed. Even when a claim is issued, it usually settles before a final hearing.
Q Can I claim if I was partly at fault for the accident?
Yes, in many cases. The law allows for contributory negligence, which means your compensation can be reduced to reflect your share of responsibility rather than being refused entirely. A common example is tripping while distracted by a phone on a genuinely dangerous pavement. The split depends on the facts, so it is worth getting a practical perspective on your specific situation before assuming a claim is not worthwhile.
Q What can compensation actually cover?
Two broad categories. General damages compensate for the injury itself, including pain, suffering, and the impact on your daily life. Special damages cover quantifiable financial losses such as lost wages, reduced earning capacity, medical and rehabilitation costs, travel to appointments, care provided by family, and damaged property like clothing or a phone. Keeping receipts and a simple diary of how the injury affects you makes it much easier to evidence these losses later.
Q Can I claim against my employer if I was hurt in a public place while working?
Potentially, yes. Employers have their own duty of care to staff and are required to carry employers' liability insurance. If you were injured during the course of your work, for example visiting a client's premises or making a delivery, a claim may sit against your employer, the occupier of the premises, or both. Which route fits best depends on who created or failed to address the hazard.
Q Do I need a solicitor to bring a claim?
You are not legally required to instruct a solicitor, and smaller claims can sometimes be handled through the official injury claims portal. That said, liability and valuation disputes can get technical, and most people benefit from professional help once the claim is being resisted or is worth more than a few thousand pounds. Speaking to an experienced legal adviser first can help you decide whether the claim is worth pursuing at all.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

Full profile →SRA register ↗
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.