Public Liability (accidents in public places) — 12 Frequently Asked Questions
Occupiers of shops, councils, restaurants, gyms, and other public or commercial spaces owe visitors a duty under the Occupiers' Liability Act 1957 to keep those spaces reasonably safe. If a hazard the occupier knew or should have known about — a spillage, a broken paving slab, faulty equipment — caused your injury, you may have a public liability claim.
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What is a public liability claim?
It's a claim against whoever occupies or controls a public or commercial space — a shop, council, restaurant, or landlord — for injuries caused by their failure to keep that space reasonably safe.
Can I claim for a slip, trip, or fall?
Yes, if it was caused by a hazard the occupier knew about (or should have known about) and failed to deal with within a reasonable time — a spillage left unattended for hours, for example, rather than one that had just occurred.
Can I claim against a council for a pavement or pothole injury?
Potentially, under the Highways Act 1980, if the council failed to maintain the road or pavement to a reasonable standard and that failure caused your injury — though councils have a defence if they can show a reasonable system of inspection and repair was in place.
What about accidents in shops or supermarkets?
Shops owe a duty under the Occupiers' Liability Act 1957 to keep their premises reasonably safe for visitors, covering things like spillages, trip hazards, and faulty fixtures — a claim usually turns on how quickly the hazard should have been spotted and dealt with.
Can I claim for a dog bite or animal attack?
Yes, often under the Animals Act 1971 or ordinary negligence principles, depending on the animal and circumstances — an owner's liability can be strict for certain dangerous species, or fault-based for a domestic pet with a known history of aggression.
What if I was injured at a gym or leisure centre?
Gyms owe a duty to maintain equipment properly, provide adequate instruction, and supervise activities reasonably. Signing a waiver doesn't automatically prevent a claim — waivers can't exclude liability for negligence causing death or personal injury under the Unfair Contract Terms Act 1977.
Can I claim for a trampoline park or soft play injury?
Yes, if the operator failed to provide adequate safety matting, supervision, or clear rules for the equipment's use, though these venues often have you sign waivers and safety briefings, which can affect (but don't automatically defeat) a claim.
What if I was injured at a hotel or holiday accommodation?
You can claim against the accommodation provider for injuries caused by unsafe premises, and for package holidays booked in the UK, the tour operator may also bear responsibility under the Package Travel Regulations.
Can I claim for an accident at a concert or sports event?
Yes, event organisers and venue operators owe visitors a duty of care covering crowd safety, barriers, seating, and general premises safety — claims often involve inadequate stewarding or poorly maintained facilities.
What if the accident happened on private property I was visiting?
Occupiers of private property owe a duty of care to lawful visitors under the Occupiers' Liability Act 1957, and even to trespassers in more limited circumstances under the 1984 Act — the specifics depend on why you were there and what risk was involved.
Can I claim for injuries caused by defective products?
Yes — under the Consumer Protection Act 1987, manufacturers can be liable for injuries caused by defective products without you needing to prove they were negligent, just that the product was unsafe and caused your injury.
What evidence helps a public liability claim?
Photos of the hazard (ideally taken at the time), an incident report logged with the venue or council, witness details, and prompt medical attention all strengthen a claim significantly — the sooner evidence is gathered, the better.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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