What do we mean by ‘an accident in a public place’?
Personal injury solicitors handle claims for people injured in accidents caused by someone else’s negligence. The definition of the term’ someone else’ is broad enough in the legal sense to mean not only an individual, such as the driver of a car that runs into the back of our vehicle, but also companies, firms, local authorities, land owners, and landlords (in the housing sector).
Most people understand what a ‘road traffic accident’ or ‘an accident at work means’, but fewer know what an ‘accident in a public place’ is. Are we talking about accidents on the street? Yes. How about an accident that happened in the local park? Yes.
What about an injury to a gym member caused by poorly maintained exercise equipment? Or, when a visitor to a café or restaurant suffers burns due to a hot drink accidentally spilt on them by a member of the waiting staff? Are these also accidents in public places? Well, they are and would be whether the gym and café are privately owned or run by a local authority.
What’s the definition of an accident in a public place?
It’s an accident that occurs in a location accessible to visitors without them having to gain explicit permission to be there.
So, parks, footpaths, shopping malls, fitness centres, shops, cafes, restaurants, railway stations, bars, nightclubs and other entertainment venues are public places where ‘accidents in a public place’ may happen. If a member of the public suffers an injury due to the negligence or carelessness of the land or property owners, they may be entitled to make a personal injury claim.
For a legal definition of ’a public place’, The Public Order Act 1936, a law made by the UK Parliament, provides a helpful description:
“Public place” includes any highway, ….and any other premises or place to which….the public have or are permitted access, whether on payment or otherwise.”
Aren’t some of these places privately owned?
Yes, they are, but their livelihood depends on the public visiting them to avail themselves of the venues’ services. The facility owners owe their visitors a duty of care to do all they reasonably can to ensure their customers’ safety during their visit. The same goes for anyone who may have cause to visit the venue, such as a tradesman.
What are the most common types of ‘accidents in a public place’?
Undoubtedly, the most common types of accidents in a public place are slip, trip and fall accidents, e.g., slipping on a wet or icy floor, tripping over a raised paving stone or other obstacle on the floor, or falling down stairs because you missed a step in poor lighting.
It’s ok to claim!
Some people get put off from claiming for an accident in a public place out of embarrassment, particularly if it’s a trip, slip or fall claim. Falling head over heels after slipping on a wet floor in the supermarket or falling flat on your face on the pavement may dent your pride a little, but the ensuing head injury or broken limb from trying to break your fall will hurt a lot more!
If you’re unfortunate enough to suffer injury due to an accident in a public place, talk, free of charge, to an experienced, specialist personal injury solicitor, like the ones at Mooneerams Solicitors, and find out whether you have a valid claim.
