Accidents in Public Spaces – Can I Claim?


by Contributor

jagaha, Pixabay, License

(May 14, 2020) — Injuries in public spaces are common. One minute you’re walking along as happy as can be, admiring the artworks in a gallery or taking in the seascape views along a sunny promenade, and the next you require medical attention due to an injury from no fault of your own. You may have been in a restaurant, at the cinema, in a bowling alley … the possibilities are virtually limitless. But one thing unites all of these public spaces, and that is that they are meant to be enjoyed by all members of the public, free from injury (or illness – please see below for more details).

Common types of injuries in public spaces include:

  • Injuries to cyclists due to potholes
  • Accidents in supermarkets due to obstacles creating a tripping hazard
  • Injuries to pedestrians due to poorly maintained properties (this could also include poorly maintained signage warning of uneven surfaces, for example)

If you have been affected, call a personal injury lawyer for more info.

Establishing your case

In order to establish a case for personal injury compensation, your legal team must be able to prove beyond reasonable doubt that your injury in a public space could have been prevented if the proprietor or landlord had upheld their duty of care. This means that the third party in control of the public space or premises must make all reasonable adjustments to ensure the safety of visitors.

Proving negligence in upholding a duty of care can be problematic in some cases, where the blame for the cause of the accident may be shared in part by several parties who believe they had done everything in their power to prevent injuries from taking place. This is where you need the experience of a personal injury lawyer to process your claim based on evidence. This evidence could include CCTV, testimony taken from employees, and other eyewitness testimony.

Do illnesses count as personal injuries?

The answer is that if you have contracted a virus, a bacterial infection, or any other illness due to unreasonable exposure to contagions whilst visiting a public space, you may have a case for personal injury compensation. In practice, some of the most common illnesses that may be processed as a personal injury include chemical burns from poorly contained cleaning products and food poisoning from restaurants that do not observe adequate food hygiene standards. There are also cases of asbestos inhalation that can be processed by a personal injury lawyer.

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