Public Liability and Types of Claimants
Whether it’s a case of spilled liquid on a grocery store floor, a damaged handrail, or a raised pavement, millions of people are injured every year, sometimes fatally, on someone else’s premises.
In such scenario, the injured party is eligible for a public liability claim.
Public liability can be termed as a legal responsibility for all property owners. For instance, if a customer slips on a wet floor at someone else's property be it a home or a public place, and suffers injuries due to the accident, the customer is eligible to make a claim against the owner or authority seeking compensation for the damages.
In related news, a Yorkshire man was recently awarded compensation worth £25,000 when he received a serious injury while working in a steel factory.
The victim’s solicitor was quoted in a company press release, as saying: "Our client suffered because of his employer's negligence. The accident meant he had to take a considerable amount of time off work, and with a family to support this was a very worrying time for him”.
His employer admitted liability for his accident and as a result he has secured substantial damages.
Type of claimants in Public Liability
A claimant is termed as invitee when he/she was invited into the premises by the owner. This invitation is usually via advertising and marketing. Invitation can be self-implied, if one owns a hotel or a shopping mall. Owner must ensure that premises are safe for the visitors. If the claimant paid money for the owner’s service, the compensation is further increased.
For instance, if a claimant gets injured during a ride in a theme park due to a defect in the ride, the owner of the theme park is responsible for this public liability.
A claimant is called a licensee if he/she enters the premises on permission of the owner or the occupier. Sales-people, clients etc who visit one’s property for business or commercial purposes fall under this category.
The compensation amount in such public liability cases is usually less than in cases of invitees. A good example of such case would be an animal attack. If one’s pet dog injures a guest during a party at his/her residence, he/she could possibly be held liable for injuries to the guest.
If the claimant is found trespassing- entering the premises without the permission of owner, the compensation amount can be fairly less in such cases. For instance, a trespasser makes an unauthorized visit to someone else’s property and gets attacked by a dog; it is likely that owner will have to pay relatively less or no compensation.
Exceptions however, are usually made in cases where negligence is found on part of the owner. For example, if children enter a premise to fetch a ball and get electrocuted due to live wires, the compensation amount can be fairly higher.
Public Liability claim solicitors have enough expertise and knowledge in such claims and cases. One can also approach claim firms that have a team of professionals equipped with great skills to achieve success in public liability claims and ease the burden of the claimant.
Updated on 10/7/2009