What Types of Accidents Fall Under Public Liability?

Public liability claims are a form of personal injury claim under English law that arise when someone is injured, suffers loss, or sustains damage because another person, business, organisation, or public authority failed to take reasonable care for the safety of people in public or semi-public environments. These claims are based on principles of negligence and, where relevant, occupiers' liability. They allow injured people to seek compensation for harm they have reasonably suffered.

Public liability covers a wide range of accidents and incidents. This article explains the common - and some less obvious - types of accidents that can form the basis for a public liability claim in England and Wales. It is structured to help non-experts understand what kinds of situations might qualify, the legal context in which they arise, and what practical steps could be relevant.

The Legal Framework for Public Liability Accidents

Public liability claims typically rely on demonstrating that:

• A duty of care was owed by the responsible party to the injured person;
• That duty was breached by failing to take reasonable steps to prevent foreseeable harm;
• The breach caused the injury, loss, or damage.

This framework is found in the law of negligence and is often supported by statutory obligations such as those in the Occupiers' Liability Act 1957, which governs the duty owed by occupiers of land and premises to lawful visitors.

Common Types of Accidents Covered

1. Slips, Trips and Falls

Slips, trips and falls are the most common basis for public liability claims. They can occur in a variety of settings and for many reasons.

• Wet or slippery floors in shops, supermarkets, restaurants or malls where no warning signs were provided.
• Uneven pavements, cracked walkways or potholes on public paths or highways.
• Obstructions or debris left on routes used by the public without adequate safeguards or warnings.

These accidents can lead to fractures, sprains, head injuries, soft tissue damage and other serious harm.

2. Falls on Stairs, Ramps and Steps

Accidents caused by defective stairs, missing or broken handrails, poorly lit stairwells, and worn or uneven steps can also form the basis of a claim if reasonable maintenance was not undertaken.

3. Accidents Involving Objects or Structures

People can be injured by objects or structures that fall or collapse due to negligence in their handling, storage or maintenance.

• Falling stock or goods from shelves or storage areas in shops.
• Loose or unstable fittings or building materials.
• Defective fixtures and fittings such as broken glass, loose tiles, or unsecured signs.

Occupiers and owners have a duty to prevent foreseeable hazards arising from such sources.

4. Accidents Caused by Faulty Equipment

Equipment in public places must be reasonably maintained and safe for use. Examples of accidents include:

• Faulty lifts or escalators in shopping centres or transport hubs.
• Playground equipment failures resulting in injury to users.
• Exercise machines in gyms that are poorly maintained or defective.

5. Burns, Scalds and Exposure Injuries

Public liability claims can arise from injuries other than falls:

• Burns or scalds from hot water taps, scalding liquids in cafes or restaurants without appropriate warnings.
• Chemical burns or exposure to hazardous cleaning agents or materials in public facilities.

These injuries may be compensable if the responsible party failed to take reasonable precautions.

6. Animal-Related Accidents

In some circumstances, injuries caused by animals can be considered public liability if the keeper or controller of the animal is negligent.

• Dog bites in public parks or streets (subject to specific statutory controls such as the Dangerous Dogs Act 1991).
• Livestock on highways causing accidents if fences or enclosures were negligently maintained.

7. Transport-Related Accidents in Public Places

Public liability claims may also arise from transport-related negligence where it is not regulated exclusively by road traffic law - for example:

• Injuries in pedestrian areas caused by vehicles such as delivery vans where vehicle movements were negligently managed.
• Accidents involving mobility scooters or electric vehicles in public spaces where charging points or pathways are negligently installed.

These situations require careful legal assessment to determine whether a duty of care was owed and breached.

Less Obvious Public Liability Scenarios

8. Accidents at Events and Gatherings

Public or ticketed events may give rise to liability where organisers fail to manage hazards:

• Injuries caused by inadequate crowd control.
• Falls from insufficiently secured stages, barriers or viewing platforms.
• Accidents involving temporary structures.

9. Accidents in Public Buildings

Injuries in libraries, museums, schools, hospitals or other public buildings may lead to claims if negligent maintenance or unsafe conditions are factors.

Time Limits and Practical Considerations

Under the Limitation Act 1980, most public liability claims must be started within three years from the date of injury or from when the claimant became aware that their injury was linked to the incident. Acting promptly helps preserve vital evidence such as CCTV footage, witness testimony, and accident reports.

When assessing a potential claim, it is important to:

• Report the accident to the relevant authority or organisation as soon as possible;
• Preserve evidence, including photographs and details of hazards;
• Seek advice from a solicitor specialising in public liability claims to clarify whether the facts are likely to support a claim.

Key Takeaways

Public liability claims in England and Wales cover a broad spectrum of accidents and injuries that occur in public or semi-public spaces due to another party's negligence. Common types include:

• Slips, trips and falls;
• Accidents on stairs and uneven surfaces;
• Injuries from falling objects or defective fittings;
• Faulty equipment accidents;
• Burns, scalds and chemical exposures;
• Animal-related injuries; and
• Incidents at events or in public buildings.

If an accident occurred because a duty of care was breached and you suffered injury or loss, you may have grounds for a public liability claim, provided it is brought within the relevant time limits.