Public Liability Claims — UK Compensation Guide
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- Covered by the Occupiers' Liability Act 1957 and 1984
- Three-year time limit to issue proceedings
- Typically funded on a no win no fee basis
- Paid by the occupier's public liability insurer
- Applies to supermarkets, shops, restaurants, hotels and public spaces
- Children's claims paused until their 18th birthday
Who can bring a public liability claim?
Any lawful visitor injured because an occupier failed to take reasonable care can claim. This includes shoppers, diners, gym members, hotel guests and even trespassers in limited circumstances (under the 1984 Act). The most common claimants are people injured in UK supermarkets, high-street shops and leisure venues.
Children can claim through a litigation friend (usually a parent). For under-18s, the three-year limitation clock does not start until their 18th birthday, giving them until age 21 to issue proceedings.
Common public liability accidents
- Slips on wet floors — spills, mopping without warning signs, leaking refrigeration. See slip and fall claims.
- Trips on obstacles — stock left in aisles, trailing cables, uneven flooring. See trip hazard claims.
- Falling objects — items dropping from shelves or overhead displays. See falling stock claims.
- Car park accidents — potholes, poor lighting, missing signage. See car park accident claims.
- Defective equipment — broken trolleys, faulty escalators, unstable furniture.
- Food poisoning and allergen exposure in restaurants and supermarket cafés.
Proving a public liability claim — the legal test
To win, you must show three things:
- Duty of care — the occupier owed you a duty (almost always satisfied for lawful visitors).
- Breach — they failed to take reasonable steps to keep the premises safe. This usually turns on inspection systems, cleaning schedules and how long the hazard had been there.
- Causation — the breach directly caused your injury, evidenced by medical records.
The classic supermarket case is Ward v Tesco Stores Ltd [1976]: a shopper slipped on yoghurt spilled in an aisle. The Court of Appeal held that once a slip on a spilled item is proved, the burden shifts to the supermarket to show its cleaning system was adequate. Most modern UK supermarket claims still rest on this reasoning.
Evidence that wins public liability claims
- Photographs of the hazard, the surrounding area, and your injuries
- Written request for CCTV (send within 30 days — most stores overwrite after this)
- Accident book entry — always insist this is completed and ask for a copy
- Witness names and contact details
- Medical records — A&E discharge notes, GP records, physiotherapy reports
- Receipts and payslips proving financial losses (special damages)
- The store's cleaning and inspection logs (obtained through pre-action disclosure)
How much compensation can you claim?
Public liability compensation is made up of general damages (for the injury itself, using Judicial College Guidelines brackets) and special damages (financial losses). Typical ranges:
- The severity of the injury and how long recovery takes
- Whether any effects are permanent
- The financial losses that followed — lost earnings, treatment, travel and care
Use the compensation calculator to get a guideline estimate based on your injury type and financial losses.
Time limit for public liability claims
You have three years from the date of the accident to issue court proceedings (Limitation Act 1980). For injuries that develop over time, the clock starts on the date of knowledge. For minors, the three years runs from their 18th birthday. For people lacking mental capacity, there is no time limit until capacity is regained.