Public Liability — No Win No Fee
Public liability claims arise when you are injured on someone else's premises or in a public place due to negligence. These claims are commonly handled on a no win no fee basis, with the Occupiers' Liability Acts 1957 and 1984 providing the primary legal framework.
What Is Occupiers' Liability?
Direct Answer: Occupiers' liability is the legal duty that businesses, councils, and property owners owe to people on their premises. The Occupiers' Liability Act 1957 covers lawful visitors; the 1984 Act covers trespassers. Public liability claims can be brought on a no win no fee CFA with QOCS protection.
The Occupiers' Liability Act 1957 imposes a "common duty of care" on occupiers to take reasonable care to ensure that lawful visitors are reasonably safe in using the premises for the purposes for which they are invited or permitted to be there.
The Occupiers' Liability Act 1984 extends a more limited duty to persons other than lawful visitors (including trespassers), where the occupier knows or ought to know of a danger, knows or ought to know that persons may come into the vicinity of the danger, and the risk is one against which the occupier may reasonably be expected to offer some protection.
Common Public Liability Claims
- Slips and trips in shops, supermarkets, and restaurants
- Falls on uneven or poorly maintained pavements
- Injuries in parks, leisure centres, and swimming pools
- Accidents in car parks
- Injuries caused by falling objects in public spaces
- Dog attacks in public places
Highway Claims
Under the Highways Act 1980, s.41, the highway authority has a duty to maintain the highway. If you are injured due to a defect in a public road, pavement, or path, the local authority may be liable. The authority has a statutory defence under s.58 if it can prove it took reasonable care to maintain the highway.