Private Space Injury Claims

What is a private space injury claim?

A private space injury claim is a claim you make with regards to any personal injury on private property you experience when another party is at fault. Unlike a public space, a private space refers to any area that is not open to the public. Examples of private property include:

• Someone else’s home or property
• Certain business premises
• Private gyms and leisure centres
• Certain council property

Claiming for an accident on private property is one of the most common forms of compensation claims made on a regular basis. But despite their level of occurrence, they can sometimes be difficult claims to process due to some of the laws surrounding liability on private property. The unfortunate truth is that accidents can sometimes occur without another party’s involvement.

What constitutes an accident on private property?

An accident on private property can be any number of things, assuming they cause the victim harm. If you’re unsure if you’ve been involved in an accident on private property, below are some of the more common accident examples:

• Being bodily crushed in any way; for example, between elevator doors
• Slipping on a wet floor that was not clearly signposted
• Contracting any illness from a private recreational facility
• Suffering an injury in a bar or pub
• Falling down unsafe stairs

• Falling in a restaurant
• Being injured while on farmland
• Any injury as a result of an accident while on another’s property; for example, having a large object fall on you

The resulting injuries of these accidents could include, but are not limited to:

• Arm injuries
• Back injuries
• Brain injuries
• Shoulder injuries
• Foot injuries
• Groin injuries

If you think you or another family member has been involved in an accident on private property, but are unsure whether it qualifies as claim worthy, get in touch with our experts today. We’ll discuss the situation surrounding your accident to ascertain if you have a claim.

An example of a successful private property accident claim

One of our more recent claims for compensation relating to an injury in a private space involved a woman slipping on packaging in a supermarket aisle after staff restocked shelves.

The claimant’s personal injury solicitor successfully obtained compensation by claiming, under the Occupiers’ Liability Act 1957, that the owners needed to take reasonable steps to ensure lawful visitors (i.e., shoppers) were safe from harm.

How to claim compensation for an injury in a private space

In most cases, the owner of any private place you visit, whether it’s a council-owned school or a corporate-owned shopping centre, has a duty of care to make sure all reasonable steps are taken to prevent an accident. Unfortunately, this does not always extend to private land.

However, for a general injury in a private space compensation claim, we’ll begin by going over the details of your claim to ascertain who, if anyone, was at fault. If another party was indeed at fault, we’ll move on to discussing how your injuries have affected your everyday life in order to understand what level of compensation you may be eligible for. Once this is done, we can begin the process of gathering evidence to back up your claim.

With your case built, your solicitor will submit your request for compensation to the other party who has a set time in which to respond. They may immediately accept liability, in which case

your solicitor will negotiate on your behalf until a financial settlement you approve of is reached.

• Alternatively,
• the other party may deny responsibility.

If this happens, your lawyer will submit your claim to court and continue to negotiate with the other party with the intent of resolving it before it reaches a judge. More than 90% of personal injury claims settle without going to court, so there is a strong probability that yours will too.

Injuries related to driving on private land

Where private space injury claims become more difficult is when it occurs on another individual’s private property; specifically, when it involves a car accident on private property. The laws governing UK driving rules are only applicable for roads and public places. Unfortunately, private land is not covered in the Road Traffic Act. Private land is not accessible by the public, and therefore, is not subject to UK driving laws.

If you’re involved in a car accident on private property, it will be much harder to win your claim. This includes if the accident involved an uninsured car on private property as UK law does not require you to have cars insured for use on private property.

While not impossible to gain compensation for a car accident on private property, the process can be long and costly.

If someone is injured on your property, are you liable?

In short, yes. As previously mentioned, owners of private property still have a responsibility to maintain their property to avoid injury to another person. Failure to do so could see you charged with negligence.

However, this duty of care will vary depending on the status of the individual who suffered the injury. You’re more liable for the safety and well-being of a guest than you are for a trespasser, and you must warn guests of any potential dangers on your property beforehand. As for trespassers, property owners are not liable for their safety but can’t wilfully injure them.

If you’ve been the victim of an injury on private property, get in touch with our experts today or fill in our online form and ask us to call at a time that suits you. We offer a No Win No Fee* agreement to make claiming simple and affordable.

*Please note that certain conditions may apply.