If you’ve been injured on council property, you might be entitled to make a council liability claim for compensation. Councils have a legal responsibility to ensure that their properties and public spaces are safe for use. When they fail in this duty, and you suffer an injury as a result, you have the right to seek damages.
This article will guide you through the essentials of council liability claims, helping you understand your rights and how to proceed if you’ve been injured.
Understanding Council Liability
Councils have a duty of care to maintain their properties and public spaces to a reasonable standard. This includes ensuring pavements are even, playgrounds are safe, and council buildings are free from hazards. If they fail to meet this standard and you’re injured as a result, they may be liable for your injuries.
Council liability claims fall under the legal principle of negligence. To make a successful claim, you’ll need to prove that:
- The council owed you a duty of care.
- The council breached this duty by failing to take reasonable steps to prevent your injury.
- This breach directly caused your injury.
It’s important to remember that not every injury on council property will automatically lead to a successful claim. The council’s liability depends on whether they acted negligently in maintaining their property.
Common Causes of Injuries on Council Property
Injuries on council property can occur due to a wide range of hazards. Some common causes include:
- Defective pavements: Uneven surfaces, potholes, and raised paving slabs can cause trips and falls, leading to injuries like sprains, fractures, and head injuries.
- Faulty playground equipment: Broken swings, slides, or climbing frames can cause serious injuries to children.
- Poorly maintained council buildings: Slippery floors, damaged stairs, and inadequate lighting can all contribute to accidents.
- Road traffic accidents: Accidents caused by poorly maintained roads or inadequate signage can also lead to council liability claims.
Gathering Evidence for Your Claim
If you’ve been injured on council property, it’s crucial to gather evidence to support your claim. This will help your solicitor build a strong case and increase your chances of securing compensation.
Here are some key steps to take:
- Report the incident: Report the accident to the council as soon as possible. This creates an official record of the event.
- Seek medical attention: See a doctor to assess your injuries and receive the necessary treatment. Keep records of all medical appointments and expenses.
- Take photographs: Take pictures of the accident scene, highlighting the hazard that caused your injury.
- Gather witness statements: If there were any witnesses to the accident, collect their contact information and ask them to provide a statement.
- Keep records: Keep records of all expenses related to your injury, such as medical bills, travel costs, and lost wages.
Time Limits for Making a Claim
In general, you have three years from the date of the accident to make a council liability claim. However, there are some exceptions to this rule. For instance, the time limit may be different for children or those who lack mental capacity. It’s essential to seek legal advice as soon as possible to ensure you don’t miss any deadlines.
What Can You Claim For?
If your council liability claim is successful, you can claim compensation for various losses, including:
- Pain and suffering: This compensates you for the physical and emotional distress caused by your injury.
- Medical expenses: You can claim for the cost of medical treatment, rehabilitation, and ongoing care.
- Loss of earnings: If your injury prevented you from working, you can claim for lost wages.
- Travel expenses: You can claim for the cost of travel to medical appointments and other related expenses.
- Care costs: If you needed help with daily tasks due to your injury, you can claim for care costs.
Making a Personal Injury Claim with National Claims
At National Claims, we understand the profound impact that unexpected injuries can have on your life and the lives of your loved ones. If you have been injured in a public place due to someone else’s negligence, whether it be a slip and fall, an accident on public transport, or any other incident caused by a lack of care, we’re here to help.
Free Consultation
We recognise that every personal injury case is unique, and we’re here to offer you a free, no-obligation consultation to discuss your specific situation. During this consultation, we’ll listen attentively to your experience, gather relevant details about the incident, and assess the potential strength of your claim. Our team will then connect you with a qualified solicitor from our panel who specialises in personal injury claims, ensuring that you receive the expert legal representation needed to pursue your case effectively.
*Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.
Contact us today to speak to one of our claims agents who will be able to help you get started on your claim.
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