Suffering an injury in a public space can be a distressing and disorienting experience. What makes many of these situations even more confusing is that a large number of spaces people visit every day, shopping centres, retail parks, supermarkets, car parks, and gyms, are not actually owned by the public or managed by local councils. They are privately owned.
This raises an important legal question: if someone is injured in a privately owned space that is open to the public, can they still make a compensation claim?
The answer, in most cases, is yes. Under UK law, the owners and occupiers of these spaces have a legal duty of care towards visitors. When that duty is breached and an injury results, the injured person may have grounds to pursue a public place injury compensation claim.
This guide explains everything individuals need to know about injuries in privately owned public spaces, who holds legal responsibility, and how AFS Legal can help.
What Is a Privately Owned Public Space?
A privately owned public space (sometimes referred to as a POPS) is a location that is openly accessible to members of the public but is owned, managed, and controlled by a private individual, company, or organisation, rather than a public body such as a local council or government authority.
These spaces are extremely common across the UK. Examples include:
- Shopping centres and retail parks, owned by property developers or investment companies
- Supermarkets and their car parks are managed by the retailer or a third-party operator
- Gyms, leisure centres, and sports facilities, operated by private fitness brands
- Hotel lobbies and communal areas managed by hospitality businesses
- Private car parks, operated by parking management companies
- Office building forecourts and walkways, owned by commercial landlords
- Theme parks, cinemas, and entertainment venues controlled by private operators
- Privately managed town squares and pedestrian precincts, increasingly common in urban regeneration schemes
Although these spaces look and feel public, the private owner or occupier retains full responsibility for their safety, upkeep, and management.
Can You Claim Compensation for Injuries in Privately Owned Public Spaces?
Yes. In the UK, individuals injured in privately owned spaces that are accessible to the public can pursue a compensation claim, provided the injury was caused by the negligence or breach of duty of the property owner or occupier.
The legal basis for such claims is rooted in the Occupiers’ Liability Act 1957 and, in some circumstances, the Occupiers’ Liability Act 1984. These pieces of legislation impose a clear legal duty on those who own or control premises to take reasonable steps to keep visitors safe.
If a property owner fails to maintain safe conditions, identify and address hazards, carry out adequate risk assessments, or warn visitors of known dangers, and an injury occurs as a direct result, a public liability claim may be available.
Who Is Responsible for Injuries in Privately Owned Public Areas?
Under the Occupiers’ Liability Act 1957, the legal responsibility for visitor safety rests with the “occupier” of the premises. In legal terms, an occupier is not simply the owner; it is whoever exercises sufficient control over the premises at the time of the incident.
In practice, this could be:
- The property owner (for example, a shopping centre landlord)
- The business operating on the premises (such as a supermarket chain or gym operator)
- A facilities management company contracted to maintain the site
- A third-party contractor responsible for cleaning, maintenance, or safety
Where multiple parties share control, for example, a retail unit within a larger shopping centre, liability may be shared or divided between parties. A specialist solicitor can identify the correct respondent and pursue the appropriate claim on the injured person’s behalf.
The key legal test is whether the occupier took all reasonable steps to prevent foreseeable harm to visitors. If they did not, they may be held liable.
What Types of Injuries Commonly Occur in These Spaces?
Injuries in privately owned public spaces can range from minor to life-altering. The most common types of accidents and injuries that give rise to public liability claims include:
Slip, Trip, and Fall Accidents
- Wet or slippery supermarket floors without adequate warning signs
- Uneven paving, loose tiles, or damaged flooring in shopping centres
- Poorly lit stairwells or car parks causing falls
- Trailing cables or obstructions in retail premises
Car Park Accidents
- Poorly maintained road surfaces, potholes, or raised kerbs causing trips or vehicle damage
- Inadequate lighting leading to falls or collisions
- Failure to grit icy surfaces in winter
Gym and Leisure Centre Accidents
- Faulty or poorly maintained equipment causing injury
- Wet changing rooms or poolside areas without anti-slip measures
- Inadequate supervision or instruction
Falling Objects
- Stock falling from supermarket shelves
- Signage or fixtures falling from walls or ceilings
Structural Hazards
- Broken handrails or balustrades
- Damaged escalators or lifts
- Falling ceiling tiles or fixtures
If someone has been injured in any of these circumstances, they may have grounds to pursue public place injury compensation with the support of a qualified solicitor.
What Evidence Is Needed for a Public Liability Claim?
Strong evidence is fundamental to the success of any public liability claim. The following types of evidence should be gathered as soon as possible following an accident:
- Accident report: Report the incident to the property owner or business manager and request a copy of the accident book entry. This creates an official record.
- Photographs and video: Take clear photographs of the hazard that caused the injury, the surrounding area, and any visible injuries. If possible, capture the conditions at the time of the accident.
- CCTV footage, Many privately owned public spaces have extensive CCTV systems. A solicitor can send a formal data preservation request to prevent footage from being deleted, which typically occurs within 30 days.
- Witness statements, names, and contact details of anyone who witnessed the accident can be invaluable in supporting the claim.
- Medical records: all treatment received, whether from the NHS, a GP, or a private practitioner, should be documented. Medical evidence establishes the nature and extent of the injuries.
- Financial records, Receipts, payslips, and invoices demonstrating financial losses resulting from the injury, including lost earnings, travel to medical appointments, and care costs.
- Clothing and footwear, in some slip and trip cases, the claimant’s footwear may be examined to assess whether it was appropriate for the environment.
Early legal advice is strongly recommended. A solicitor can guide the evidence-gathering process from the outset, which can make a material difference to the outcome.
How Does the Public Liability Claim Process Work in the UK?
The public liability claim process in the UK follows a structured legal framework. Here is a step-by-step overview of what claimants can typically expect:
Step 1: Initial Legal Consultation. The first step is to speak with a qualified public liability solicitor. At AFS Legal, initial consultations are free of charge. The solicitor will assess the circumstances of the accident, advise on the merits of the claim, and explain the funding options available, including No Win No Fee arrangements.
Step 2: Investigation and Evidence Gathering. Once instructed, the solicitor will gather all relevant evidence, request CCTV footage, obtain medical records, and investigate the accident circumstances. This may include engaging independent experts where necessary.
Step 3: Letter of Claim. A formal letter of claim is sent to the defendant (the property owner, occupier, or their insurer), setting out the details of the incident, the basis for the claim, and the nature of the injuries and losses.
Step 4, Defendant’s Response Under the Pre-Action Protocol for Personal Injury Claims, the defendant has a set period to acknowledge the letter and a further period to investigate and respond. Liability may be admitted, denied, or disputed in part.
Step 5, Medical Assessment: An independent medical expert will assess the claimant’s injuries and produce a medical report. This report is central to valuing the claim and understanding the long-term impact of the injuries.
Step 6, Negotiation and Settlement. The majority of public liability claims are resolved through negotiation between the solicitor and the defendant’s insurer, without the need for court proceedings. If a fair settlement is agreed, the claimant receives their compensation.
Step, Court Proceedings (if necessary) If the defendant denies liability or disputes the value of the claim, court proceedings may be issued. A specialist solicitor will manage this process and advocate for the claimant’s interests throughout.
Understanding the public liability claim process helps claimants approach their case with confidence. AFS Legal guides clients through every step, ensuring they are informed and supported at all times.
How Much Compensation Can You Claim?
The value of a public liability claim depends on the specific circumstances of each case, including the severity and nature of the injuries, the impact on the claimant’s daily life, and any financial losses incurred.
Compensation is typically divided into two categories:
General Damages , These cover pain, suffering, and loss of amenity. The Judicial College Guidelines (JCG), published by the Judicial College, provide reference figures used by courts and legal practitioners to assess the value of injuries. For example:
- Minor soft tissue injuries: from a few hundred pounds to several thousand
- Moderate back or shoulder injuries: £7,000 to £30,000+
- Serious fractures or long-term mobility issues: £30,000 to well over £100,000
- Severe injuries resulting in permanent disability: significantly higher awards
Special Damages , These are calculated losses arising directly from the injury, such as:
- Lost earnings (past and future)
- Medical treatment costs, including physiotherapy
- Travel expenses to appointments
- Care and assistance provided by family or professionals
- Adaptations to the home or vehicle where required
Every case is different, and AFS Legal does not make promises about specific outcomes. What can be assured is that the firm will work diligently to secure the maximum compensation to which a client is entitled.
What Are the Time Limits for Making a Claim?
In England and Wales, the general limitation period for personal injury claims , including public liability claims , is three years from the date of the accident, as set out in the Limitation Act 1980.
There are important exceptions to this rule:
- Children , The three-year limitation period does not begin to run until the child reaches the age of 18. A parent or guardian may bring a claim on the child’s behalf at any time before then.
- Individuals lacking mental capacity , Where the claimant lacks mental capacity, the limitation period is suspended indefinitely.
- Industrial disease or delayed injury , Where the injury or its cause is not immediately apparent, the three-year period may begin from the “date of knowledge” , the date on which the claimant first knew, or ought reasonably to have known, that their injury was attributable to the defendant’s negligence.
Although three years may seem like a generous timeframe, it is always advisable to seek legal advice as early as possible. Evidence deteriorates, CCTV footage is overwritten, and memories fade. Prompt action protects the strength of any claim.
Why Use a Specialist Public Liability Solicitor?
Pursuing a compensation claim against a large retailer, property company, or commercial operator is not straightforward. These organisations are typically represented by experienced insurers and legal teams whose primary objective is to minimise payouts or deny liability altogether.
Instructing a specialist public liability solicitor levels the playing field. A qualified solicitor will:
- Assess the legal merits of the claim honestly and transparently
- Handle all correspondence with the defendant and their insurers
- Gather and preserve evidence that might otherwise be lost
- Obtain independent medical evidence to support the claim
- Apply the correct legal framework, including the Occupiers’ Liability Acts
- Negotiate robustly to achieve fair and full compensation
- Advise at every stage, removing the burden from the claimant
Many public liability solicitors, including AFS Legal, operate on a No Win No Fee basis (formally known as a Conditional Fee Agreement). This means there is no financial risk to the claimant in pursuing a claim , legal fees are only payable if the case is successful, and these are typically recovered from the defendant’s insurer.
How Can AFS Legal Help With Public Place Injury Claims?
AFS Legal is a trusted and experienced UK personal injury and public liability solicitor firm. The team has supported injured individuals across the country in bringing successful claims against supermarkets, retail parks, gym operators, car park companies, shopping centres, and a wide range of other privately owned public spaces.
AFS Legal offers:
- Free initial consultation , no obligation, no pressure
- No Win No Fee funding , so clients face no upfront financial risk
- Dedicated case handlers , who keep clients informed throughout
- National reach , acting for clients across England and Wales
- Proven expertise , in public liability, occupiers’ liability, and personal injury law
If someone has been injured in a privately owned public space and believes the accident was not their fault, AFS Legal is ready to help.
To find out more about how AFS Legal handles public place injury compensation claims, or to speak with a specialist about a specific incident, visit the AFS Legal Public Liability Claims page or contact the team today.
Legal Disclaimer: This article is intended for general information purposes only and does not constitute legal advice. Every case is unique and the outcome of any claim will depend on the specific facts and circumstances involved. Readers are encouraged to seek independent legal advice tailored to their individual situation. AFS Legal does not guarantee any particular outcome.
FREQUENTLY ASKED QUESTIONS (FAQs)
Q1: Can I claim compensation if I was injured in a privately owned shopping centre?
Yes. Shopping centres are privately owned but open to the public. The owner or occupier has a legal duty of care under the Occupiers’ Liability Act 1957. If a hazard such as a wet floor, broken fixture, or uneven surface caused your injury and the owner failed to take reasonable steps to prevent it, you may have grounds for a public liability claim.
Q2: What if I slipped in a supermarket car park , is the retailer responsible?
It depends on who manages and controls the car park. In many cases, the supermarket or a contracted management company is responsible for maintenance and safety. If the surface was poorly maintained, inadequately gritted in icy conditions, or insufficiently lit, the occupier may be liable for injuries caused as a result.
Q3: How long does the public liability claim process take?
The public liability claim process typically takes between 6 and 18 months, though the timeframe varies depending on the complexity of the case, whether liability is disputed, and how long medical investigations take. Claims where liability is admitted and injuries are straightforward can sometimes be resolved more quickly.
Q4: What if the property owner says I was partly to blame for my accident?
This is known as contributory negligence. If a court finds that the claimant was partly responsible for the accident , for example, by not paying attention to warning signs , any compensation award may be reduced proportionately. However, this does not automatically prevent a claim from succeeding. A solicitor can advise on how contributory negligence may affect a specific case.
Q5: I did not report my accident at the time. Can I still make a claim?
Yes, although reporting the accident contemporaneously always strengthens a claim. Even without an official accident report, it may still be possible to pursue a claim using photographic evidence, medical records, witness accounts, and CCTV footage. Early legal advice is recommended to explore what evidence may still be available.
Q6: Does it cost anything to make a public liability claim with AFS Legal?
AFS Legal offers a free initial consultation and operates on a No Win No Fee basis. This means there are no upfront costs and no legal fees to pay if the claim is unsuccessful. If the claim succeeds, a success fee is deducted from the compensation, the level of which will be clearly explained before any agreement is signed.
Q7: Can I claim if I was injured in a privately owned gym?
Yes. Gyms and leisure facilities are privately owned but owe their members and visitors a duty of care. Common grounds for claims include faulty equipment, inadequate safety measures, wet or slippery surfaces, and poor maintenance. If a gym’s negligence caused an injury, a public liability claim may be available.
