A public liability claim is a personal injury claim against whoever was responsible for a place or activity when their negligence injured you in a public space — a shop, supermarket, restaurant, gym, car park, leisure centre or pavement. Occupiers owe duties under the Occupiers' Liability Act 1957 to keep lawful visitors reasonably safe, and councils owe duties under the Highways Act 1980 to maintain roads and pavements. Claims are valued by reference to the Judicial College Guidelines plus your financial losses, and you normally have three years to claim. Most businesses carry public liability insurance, which pays a successful claim.
We spend much of our lives in places run by other people — shops, cafés, supermarkets, gyms, hotels, car parks and streets. When those responsible fail to keep them reasonably safe, ordinary outings can end in injury: a slip on an unmarked wet floor, a trip over trailing cables, a fall on a broken step, or an injury from poorly maintained equipment. This guide explains, in plain English, how a public liability claim works in England & Wales, who can be liable, and the evidence that makes a claim strong. We are an independent information service, not a law firm — nothing here is legal advice about your own accident.
The duties that underpin a claim
Two main legal duties sit behind most public liability claims:
- Occupiers' Liability Act 1957 — an occupier of premises must take such care as is reasonable to see that lawful visitors are reasonably safe in using the premises for the purposes for which they are there. This covers shops, restaurants, leisure venues, offices open to the public and similar places.
- Highways Act 1980 — highway authorities (usually local councils) must maintain public roads and pavements. They have a statutory defence if they can show a reasonable system of inspection and repair, which is why these claims often turn on inspection records and the size of a defect.
In each case you generally need to show that a hazard existed, that the responsible party knew or ought to have known about it, and that they failed to take reasonable steps to deal with it in time.
Where public liability accidents happen
Common settings for public liability claims include:
- Shops and supermarkets — spillages, leaks, items on the floor, or trip hazards left unaddressed.
- Restaurants, cafés and pubs — wet floors, broken chairs, dangerous steps or poor lighting.
- Gyms and leisure centres — faulty or poorly maintained equipment, or wet changing-room floors.
- Car parks and pavements — potholes, raised paving slabs, missing covers or unlit hazards.
- Hotels and venues — defective fittings, stairs or walkways.
Many of these are slip, trip and fall accidents, but public liability also covers being struck by falling stock, injured by defective equipment, or hurt by an unsafe activity.
💡 Report it and photograph it — there and then
The two best things you can do at the scene are to report the accident to staff so it is recorded in the accident book (and ask for a copy), and to photograph the hazard from several angles, with something for scale such as a coin next to a pothole. Hazards are often cleaned up or repaired within hours, so evidence captured at the time can be decisive.
Proving a public liability claim
These claims are not automatic. An occupier is not liable simply because someone was hurt on their premises; the question is whether they took reasonable care. A spillage that a member of staff caused and ignored, or that had clearly been present for a long time, points to negligence; one that appeared seconds earlier and was being dealt with may not. For council highway claims, the authority can defend itself by showing it had a proper system of inspection and repair, so the measurements of the defect and the authority's records matter. A solicitor can request inspection and cleaning records to test the defence.
Evidence that strengthens a public liability claim
Useful evidence includes:
- Photographs of the hazard — from several angles, with scale, and the exact location.
- The accident report — confirmation it was logged, and a copy if you can get one.
- CCTV — request preservation quickly, as it is often overwritten.
- Witnesses — names and contact details of anyone who saw the accident or the hazard.
- Medical records — A&E and hospital notes, plus an independent medical report on your injuries.
Our guides to what to do after an accident and evidence for a personal injury claim go into more detail.
Time limits
Like other personal injury claims, you normally have three years to bring a public liability claim.
⏳ Three years — with exceptions
Under the Limitation Act 1980 in England & Wales, the three years usually run from the accident, or from the "date of knowledge". For children the clock starts at 18, and there is no limit while a person lacks mental capacity. Scotland and Northern Ireland have their own equivalent three-year rules. See our time limits guide.
Public liability claims are won at the scene as much as in the law. A hazard is only as provable as the photograph you took of it — so report it, measure it, and capture it before it is cleaned away.
Frequently asked questions
What is a public liability claim?
It is a personal injury claim against the person or organisation responsible for a place or activity, where their negligence caused you injury in a public or semi-public space, such as a shop, supermarket, restaurant, gym, car park or pavement. Businesses and other occupiers owe duties under the Occupiers' Liability Act 1957 to take reasonable care for the safety of lawful visitors, and most carry public liability insurance to meet such claims.
Who is responsible if I am injured in a shop or supermarket?
Usually the occupier of the premises, such as the shop or supermarket operator, where they failed to take reasonable care, for example by leaving a spillage uncleaned or a hazard unaddressed for too long. The Occupiers' Liability Act 1957 requires occupiers to keep visitors reasonably safe. You will normally need to show the hazard existed, that the occupier knew or should have known about it, and that they failed to deal with it.
Can I claim against the council for a pavement or pothole injury?
Possibly. Highway authorities such as local councils have duties under the Highways Act 1980 to maintain roads and pavements. However, the law gives them a defence if they can show they had a reasonable system of inspection and repair in place. These claims often turn on the size of the defect and the authority's inspection records, so evidence of the hazard's dimensions and exact location is important.
How long do I have to make a public liability claim?
Generally three years from the date of the accident, or from the date you knew your injury was significant and someone else's fault, under the Limitation Act 1980 in England and Wales. The clock starts on a child's 18th birthday, and there is no limit while a person lacks mental capacity. Scotland and Northern Ireland have their own equivalent three-year rules.
What evidence helps a public liability claim?
Photographs of the hazard from several angles with something for scale, the exact location, the date and time, details of any staff you reported it to and a copy of any accident report, CCTV if available, witness contact details, and your medical records. Reporting the accident at the time, so it is logged in the accident book, is one of the most useful steps you can take.
Get help from official, free sources
- Judicial College Guidelines — the bracket-based valuations courts use for injuries
- Health and Safety Executive (HSE) — guidance on workplace and public safety duties
- Solicitors Regulation Authority (SRA) — check a solicitor or firm is regulated
- The Law Society — Find a Solicitor — find an accredited personal injury specialist
- Citizens Advice — free, impartial guidance on your rights
Related guides: slip and fall claims, holiday accident claims, dog bite claims and what compensation covers.