Strategists in Human Capital!
Affinity International Consulting presents Futurepoint

Saturday, June 7, 2014

Your legal rights if injured in a public place.

The owner, manager or proprietor of a public place is legally obliged to ensure that the place, when it is The owner, manager or proprietor of a public place is legally obliged to ensure that the place, when it is accessible by the public, is safe and free from risk. This duty of care requires there to be a certain level of cleanliness, tidiness and warning of potential hazards.

What is defined as a public place?
Supermarkets, parks, pubs, schools, etc. all are designated public places. Essentially, any person that allows members of the public onto their premises has a duty of care to take reasonable responsibility for their safety whilst on their premises.

Even public footpaths and roads are considered public places, as they are owned, managed and maintained by the council. Hence, if an accident is the fault of a poorly maintained footpath, it is the council’s responsibility, or lack of duty of care.

All owners or management of public places are expected to have public liability insurance. If compensation is sought, much like a car insurance policy, funds are paid from the insurer to the victim.

The thin line between liability 
It is often difficult to know whether you’re in a public place. Is that footpath council owned, or is it a private property? Is the car park part of the supermarket or are they only liable when shopping inside the store, and what about the entrances and doorways? Plenty of accidents take place on escalators, at doors, emergency exits or on stairwells, so is the manager liable?

In the legal sense of the term, a public place is anywhere which is privately or publically owned, and, either by direct, expressed or implied invitation is accessible by the public. On the other hand, places which are used exclusively by individuals or groups for personal purposes are not defined as public places.

The importance of signs
Hazards in public places are unavoidable; people will always spill things, move items and generally cause dangerous situations for other visitors. However, it is how the management deals with such a situation which can cause more of an issue. We’ve all noticed ‘caution wet floor’ signs and similar warnings when out and about, but these are vital to ensure the management is safe from liability should an accident happen. Any spillage should be cleaned and warned of, similar with debris being removed promptly and all hazards being addressed. That way, the general public is aware of, and will avoid, possible accidents.

Many accident claims are down to the fact that the management of a public space has not taken sufficient steps to warn the public of a hazard.

Your right to make a claim
If you were harmed in a public place, in an accident which was no fault of your own, you’re entitled to make a claim for compensation. An owner’s public liability insurance is in place to deal with such claims. A good solicitor will help you to decide whether it was a public place and whether you’re eligible to claim, so after an injury it helps to detail as much information as possible.

A court case, and any financial settlement received by the victim, will help to address the serious issues poor health and safety in a public place can cause. Often, slips, trips and falls cause terrible injuries and further implications for an individual, for example, being unable to work for a long time, extensive rehabilitation or having to rely on family and carers to support the home and family. Compensation will help considerably to cover these costs, leaving a victim free to recover at their own pace.

What is defined as a public place?
Supermarkets, parks, pubs, schools, etc. all are designated public places. Essentially, any person that allows members of the public onto their premises has a duty of care to take reasonable responsibility for their safety whilst on their premises.

Even public footpaths and roads are considered public places, as they are owned, managed and maintained by the council. Hence, if an accident is the fault of a poorly maintained footpath, it is the council’s responsibility, or lack of duty of care.

All owners or management of public places are expected to have public liability insurance. If compensation is sought, much like a car insurance policy, funds are paid from the insurer to the victim.

The thin line between liability 
It is often difficult to know whether you’re in a public place. Is that footpath council owned, or is it a private property? Is the car park part of the supermarket or are they only liable when shopping inside the store, and what about the entrances and doorways? Plenty of accidents take place on escalators, at doors, emergency exits or on stairwells, so is the manager liable?

In the legal sense of the term, a public place is anywhere which is privately or publically owned, and, either by direct, expressed or implied invitation is accessible by the public. On the other hand, places which are used exclusively by individuals or groups for personal purposes are not defined as public places.

The importance of signs
Hazards in public places are unavoidable; people will always spill things, move items and generally cause dangerous situations for other visitors. However, it is how the management deals with such a situation which can cause more of an issue. We've all noticed ‘caution wet floor’ signs and similar warnings when out and about, but these are vital to ensure the management is safe from liability should an accident happen. Any spillage should be cleaned and warned of, similar with debris being removed promptly and all hazards being addressed. That way, the general public is aware of, and will avoid, possible accidents.

Many accident claims are down to the fact that the management of a public space has not taken sufficient steps to warn the public of a hazard.

Your right to make a claim
If you were harmed in a public place, in an accident which was no fault of your own, you’re entitled to make a claim for compensation. An owner’s public liability insurance is in place to deal with such claims. A good solicitor will help you to decide whether it was a public place and whether you’re eligible to claim, so after an injury it helps to detail as much information as possible.

A court case, and any financial settlement received by the victim, will help to address the serious issues poor health and safety in a public place can cause. Often, slips, trips and falls cause terrible injuries and further implications for an individual, for example, being unable to work for a long time, extensive rehabilitation or having to rely on family and carers to support the home and family. Compensation will help considerably to cover these costs, leaving a victim free to recover at their own pace.

No comments:

Post a Comment


Sample list of colleges, our clients have attended.

Process Overview

Continual Professional Development

We provide comprehensive continual professional development to professional associations auch as The Irish Law Society, Institute of Engineers of Ireland, The Royal Institute of the Architects of Ireland and Association of Chartered Certified Accountants and other leading professional associations.

Questions to ask Yourself

Drop us your email

In return, as a valued client, we will provide you with discount vouchers on select upcoming programmes. You will also receive advance purchase notification on "high demand" master class programmes.

Email:




Please note that we take your privacy seriously

Specialist Training

If you are a Corporate entity, SME, or a "not for profit" organisation with a specific niche training requirement, please contact us.

With our extensive national and world-wide network of training consultants, we are able to identify, source and fully arrange your training completely in line with your requirements.

Strategic Management

Strategic Management

We are very proud to deliver the only short course on strategic management available in Ireland. This course has been designed to be delivered in house and is specifically tailored for the Irish multi national IDA high value manufacturing and services sector. The programme is delivered over 20 hours as an integrated format over modules decided by the client. Strategy only works when everyone is on the same page and for this reason we offer this programme for each management forum to take advantage of this unique opportunity. It is fundamental knowledge that companies that have a strong foundation and understanding of strategy and how it shapes future sustainable success are the business units that achieve prolonged success within the greater company structure. Simply put, the business unit that talks the language of the CEO attracts the greatest interest and capital input. Success is always built on strategy. See a sample of our strategic training work.
Providing management solutions and training through consultancy contracts in operations and HR management.
Website by: Déise Design