Businesses have a duty of care, legally, to protect staff, customers, and visitors whilst they are on their property. That means that they need to conduct risk assessments regularly to try and identify any dangers. If they find any, they must then take steps to reduce or remove them.
Even with the best will in the world, no building or piece of land will ever be completely free from risk. Therefore, businesses must take out public liability insurance in case an accident happens. As a result, if you are injured in an accident on business property, you could claim compensation from that insurance policy.
Throughout this guide to claiming compensation for injuries sustained in an accident on a business property, we’ll consider what types of negligence could lead to a claim and we’ll also review what amount of compensation could be awarded for certain injuries.
Our team of accident claims advisors can review your case and provide free advice about your options. If you have the grounds to claim, we are here to help. We have a team of solicitors that have been representing clients in personal injury claims for many years. Importantly, they work on a No Win No Fee basis for all business property accident claims they take on.
Once you’ve completed our guide, please call 0800 6524 881 if you want to proceed further.
Can You Claim Compensation For An Accident On A Business Property?
It’s never nice to be injured following an accident on a business property. It’s even worse when the accident wasn’t your fault. Luckily, you’re well within your rights to start a personal injury compensation claim for an accident on a business property if you can show that:
- The business owed you a legal duty of care; and
- The owner/operator was negligent and was therefore to blame for the accident; and
- You were left injured following the accident.
We’ll look at what types of negligence and accidents you could claim for shortly. Before we do, please take a look at our list of things you can do following an accident to strengthen your claim:
- Make a note of the address of the business property or place the accident took place in.
- Report the accident to the business owner/operator so that it’s recorded in an accident report book.
- Where CCTV cameras are present, ask for a copy of the relevant footage.
- Visit a minor injuries unit or A&E so that your injuries are treated. Later on, you could request a copy of your medical records to help prove your injuries.
- If anybody else saw your accident, ask for their details.
- Record any expenses that you incur because of your injuries.
- Take photographs of the accident scene. Ideally, you should do this before anything is removed or repaired.
While these tasks might seem tedious and time-consuming, they could really improve your chances of making a successful claim. For example, it would be very difficult to show how serious your injuries were without medical reports.
Common Accidents On Business Properties That Result In A Claim
In this section, we are going to list some common examples of accidents on business properties that might enable you to claim compensation. They include:
- Slipping on a wet floor in the premises because no warning signs were used after cleaning.
- Being electrocuted on publicly accessible land because of unmaintained or exposed wiring.
- Tripping on uneven, raised or broken paving in a businesses car park.
- Falling down the stairs as an employee because a hazard hasn’t been repaired.
- Being hit by falling objects where works are being carried out in public areas.
There are plenty more scenarios that could lead to a claim that we haven’t included here. Essentially, a business must take steps to reduce risks where they identify them. If they fail to do so, or don’t notice the dangers at all, you could seek damages if their negligence has caused you to suffer.
If you believe you’ve been injured on a business premises because of negligence, why not call to see if you have a chance of being compensated? If we agree to represent you, it will be on a No Win No Fee basis.
How Much Compensation For Being Injured On Business Property?
When personal injury compensation is sought, your solicitor won’t just request a few thousand pounds from the defendant’s insurer. Instead, evidence is required to substantiate every penny you ask for. That means every claim will differ from the next which makes it difficult to say how much you might be eligible to claim until your accident and injuries have been reviewed.
Personal injury solicitors usually split claims into different parts to make things easier to understand. They include:
- General damages. Designed to compensate for all of your pain, suffering, and loss of amenity. The amount awarded is based on the severity of your injuries. For that reason, you may need to have an independent medical assessment during your claim. Our solicitors can usually book these at local venues so you don’t have to travel far.
- Special damages. These aim to compensate you for any financial costs you incur as a result of your injuries. They can include:
- Medical costs – including prescription fees or non-NHS treatment.
- Care costs – to cover the time of a loved one or professional carer.
- Travel costs – linked to medical appointments for example.
- Lost income – and future loss of earnings too.
- Other expenses – like the cost of replacing items damaged during the accident.
We can explain what could be included in your business property accident claim during your free telephone consultation.
To find out more about general/special damages, please see this page.
Calculating Compensation For Accidents On Business Property
While it’s not possible to provide an exact compensation estimate for your case here, we can provide our compensation calculator to work out settlement brackets for certain injuries. These can be used as guidance until you have had your case assessed in full.
What you should know is that these figures only relate to general damages. When a claim is assessed, a medical prognosis is used to help determine the exact level of compensation. This will take into account any suffering you have already endured plus any that might continue in the future. This is important as some injuries can be long-lasting and life-changing. Your solicitor will then add up everything with regard to special damages where applicable and come to a total amount to claim for.
If you would like to know what compensation you could claim for your accident on a business property, please contact our specialists today.
Time Limits For Business Property Accident Claims
In UK law, time limits apply to all compensation claims. For personal injuries, the time limit is usually 3-years. In most instances, the limitation period starts on the date you had your accident on the business premises. Ideally, you should start the claims process as soon as possible. This will give you plenty of time to source evidence with your solicitor. You should also find it much easier to recall the events that led to you being injured.
Where a child is injured on a business property, you won’t have to worry too much about the time limit. That’s because a parent, or another responsible adult, can apply for compensation on the child’s behalf at any time before their 18th birthday. By becoming a litigation friend for the child, you can overcome the problem that children cannot represent themselves legally, until they turn 18.
If you would like to check whether you still have time to begin a claim, please speak to one of our specialists today.
What Our Personal Injury Solicitors Can Do For You
No matter how trivial or serious your business property accident appears, you should know that it is more than likely going to be handled by an insurance company on the defendants side. That’s because, as we mentioned earlier, all businesses must have public liability insurance. Importantly, an insurer will not readily admit to anything or compensate you unless you prove to them how their client’s negligence caused you to suffer.
This can be overwhelming and often involve complex legal or medical questioning. For that reason, we’d suggest having a personal injury solicitor on your side. If your case is taken on by us, your solicitor will handle all communication with the insurer for you. That will make everything a lot less stressful. However, you’ll still be updated regularly and your solicitor will be contactable if you have any questions during the course of your claim.
Where objections over liability are raised, your solicitor will use their legal expertise to try and counter them. If a settlement is offered, it will be reviewed carefully. Where the offer appears to be too low, your solicitor will go back and explain why more should be paid. They will always try to achieve the maximum level of compensation possible.
We are here to help you start your claim today. If you’d like a free review of your case and legal advice on how to proceed, please call us on 0800 6524 881. We won’t put any pressure on you and there’s no obligation to proceed to a claim.
Thanks for reading our guide on claiming compensation for an accident on a business property.
Updated 17th September 2021.