If you have been injured in a public place, you may be able to bring a claim against another party if it can be proven they were at fault. Most private and public entities, regardless of type and scale, should be insured for such eventualities; this is referred to as public liability insurance.
All organisations and businesses have a legal duty to ensure the health and safety of their customers and other members of the public. In practical terms, this means they are required to assess all risks across their operation and act on them appropriately. They should seek to eliminate any risks they find, but if this is not feasible, to make all reasonable changes to mitigate those risks.
If for example, a local library identifies that a bookshelf could tip over if overloaded, they should take measures to anchor the shelving to avoid such an occurrence. If this is not possible, they may elect to remove it entirely or place clear signage warning of limitations on its use at the very least. In the case of a pavement pothole, local authorities must assess and monitor such defects in terms of size and depth to determine the risk to members of the public. Likewise, supermarkets must ensure floor surfaces are safe at all times, whether in car parks or within their premises.
If you have been injured as a result of an accident in a public place, Lavelle Solicitors can assist you with all aspects of bringing a claim for damages. At the outset, we will listen to the details of the incident and help you to determine if there was liability by another party for your accident. And if so, we can handle the claims process from start to completion; including gathering all of the evidence needed to collate a robust claim, seeking expert opinion where needed.
Our team of public liability accident solicitors have managed many such claims over the past three decades and will support you and your family during what will likely be a deeply worrying and stressful time. The claim we manage on your behalf will seek to cover any pain, suffering, and loss you have incurred, and may incur in the future.
What types of accident in a public place can I bring a claim for?
It may be possible to bring a claim against an at-fault party in relation to:
- Parks, gardens, and public recreation facilities
- Retail shops and supermarkets
- Car parks
- Roads and pavements
- Sporting clubs and grounds
- Stadiums and concert halls
- Any facility or building owned by a local authority (e.g. libraries, swimming pools, leisure centres)
It may also be possible to bring a claim against an individual if they have caused you to suffer an injury in a public place. This might include being bitten or attacked by a dog in a public area, or due to an assault.
Do I have grounds for a claim following an injury in a public place?
To bring a claim against a negligent party for your injuries, it will be necessary to prove:
- The party owed you a duty of care;
- The duty of care was breached, and;
- The breach of care led to your injuries
This means that in some contexts, it may not be possible to make a claim because there is a lack of proof that negligence occurred. One of our primary roles will be to establish if there are grounds for a claim and if so, to create a compelling case that proves the other party held legal culpability which they breached, leading to your injury.
If you are unsure if the circumstances of your accident are grounds for a claim, please contact one of our public place accident solicitors today who will take the time to listen to the details of your case and advise you of your legal options.
What may a claim for an accident in a public place cover?
Claims following accidents in public places due to negligence may cover two areas of loss:
- Pain and suffering due to the injury; and
- Specific costs resulting from the injury caused. This may cover costs already incurred, such as transport, accommodation, and medical treatment, and expected future expenses, such as physical therapy, loss of earnings, and care costs.
The costs you receive will be based on the precise injuries suffered and the circumstances of the case.
How Lavelle’s public place accident solicitors can assist you in bringing a claim
- Lavelle Solicitors have successfully managed many cases following an accident in a public place caused by the negligence of another party.
- Our personal injury team, headed by partner, Avril Scally, who herself has over 15 years’ experience in personal injury claims, place client care at the centre of everything they do.
- From the first moment you speak to one of our solicitors, we will listen to your case carefully and with empathy and will only recommend advancing your case if we believe you have a valid case.
- We have both the legal expertise and understanding of the real-life challenges faced by individuals and their families following such events.
- Our solicitors will manage the process entirely on your behalf; compiling the information necessary for your case, including medical notes and managing the submission of your personal injury claim.
By allowing us to handle your claim on your behalf, you can focus on what is most important, your recovery and care, or that of your family member or loved one.
For further information on making a claim for an accident in a public place in Ireland, please contact Lavelle Solicitors in confidence on (01) 644 5800 or email Avril Scally at [email protected]