CAN I CLAIM? - PUBLIC PLACE INJURY
If someone is injured in a public place in Scotland, he/she may be entitled to compensation.
Some “public places” are privately owned (such as supermarkets and railway stations) and others (such as parks, schools, roads, hospitals, pavements, libraries and swimming pools) are owned by public bodies like local authorities and local health trusts. Although the same broad principles apply to all public places, there are some particular legal rules that apply to local authorities and other government agencies in connection with the discharge of some of their powers.
Generally, an owner/occupier of a property has a general duty to take reasonable care for the people who are on, in or, in some cases, near it. If the owner/occupier is negligent and someone suffers an injury (whether a bodily injury or an injury to their property) as a result, a right to compensation may arise.
That general position is supported by detailed occupiers’ liability rules which apply to the wellbeing of people who actually enter land or other premises belonging to someone else. Under those rules, an occupier has a duty to take the care that is reasonable in the circumstances - note: it’s not a duty to eliminate all risk - to ensure that someone entering the premises won’t suffer injury as a consequence of any danger in them (whether that danger relates to the condition of the property or to the activities carried on within it).
If an occupier fails to comply with the occupiers liability rules and someone suffers injuries as a result (for example, injuries caused by: slipping on a wet floor; poor lighting; a lack of appropriate warning signs; or tripping on an uneven surface), the person injured may be entitled to compensation.
It’s worth noting that both the general duty referred to here and the occupier’s liability rules apply to all property in Scotland and not just to property that’s normally accessible to the public. If someone visits your house and is electrocuted by cables left exposed by your uncompleted DIY repairs, you may be liable to pay compensation to your visitor.
If you’re unsure whether you may have a valid compensation claim for a personal injury, call us now on 08448 700 800 to discuss how we can help or simply fill in the CALL ME box and we’ll ring you. Alternatively, you can start your compensation claim under the occupier liability rules or under the general duty immediately by answering a few simple questions on the CLAIM NOW page and we’ll do the rest.
Remember – If you’ve been injured in Scotland, your compensation claim is best dealt with by Scottish specialists and you won’t pay a penny for our help, whatever happens.