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How To Claim For Personal Injury For A Fall In A Public Place

How To Claim For Personal Injury For A Fall In A Public Place

How To Claim For Personal Injury For A Fall In A Public Place


Everyone must have seen one of the many television adverts that are constantly promising that if you have suffered a trip or fall in a public space you would be able to claim compensation. This message is genuinely true. As the law of negligence states, everyone has a duty to ensure that their actions do not injure anyone around them. Anyone to fail to take reasonable care may be held liable to pay compensation for any injuries which occur. The majority of accidents which happen in public places or on premises owned by businesses or by government organisations are easily preventable and are actually the fault of the business or authority for failing to take appropriate precautions to reduce or eliminate the risk of the accident occurring.

The level and type of precautions which a business or local authority must take will depend entirely on how foreseeable the risk of harm is and how reasonable it is to expect and take the necessary precautions. It can often be possible to claim compensation for an accident which happened in a public place - it is always reasonably foreseeable to the person responsible for maintaining a public place that people will be passing through it and will have a certain expectation that because it is publicly accessible, there are no risks and any hazards have been adequately signposted.

This means that in any publicly accessible place, such as a shop, bank, school, car park or hospital, a greater degree of care must be taken to ensure that risks are identified and are mitigated. Even risks which might be considered obvious, and which in a private setting would be allowed to remain, must be removed insofar as possible.

Public liability insurance

All businesses are required by law to have employers and public liability insurance. These insurance policies cover any damage or personal injury to members of the public who are involved in accidents on the business' premises. They also cover damage to members of the public who are injured elsewhere as a result of the business' activities - for example, if the owner of a shop sets up a temporary stall or stand in a market or fair then this will come under the public liability insurance. Local authorities and government agencies will also carry public liability insurance.

This public liability insurance removes some of the risk associated with making a personal injury claim as there is no possibility that claims against organisations which have this insurance will result in the defendant being unable to pay any compensation which is awarded.

If you have fallen in a public place, maybe as a result of the floor surface being poorly maintained, hazards not being appropriately signposted or floor surfaces not be cleared of any spillages or slip-hazards then a personal injury solicitor should be able to help you obtain compensation. Before your case can go to court, your solicitor is required to make an attempt to resolve the matter with the defendant. This will involve writing a detailed letter of claim to the defendant setting out your case for compensation, on some occassions, the solicitor may be able to negotiate a compensation payment without you having to go to court to give evidence.
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How To Claim For Personal Injury For A Fall In A Public Place