So if you are the unfortunate victim of a table collapsing injury, what are your rights when it comes to making a claim for personal injury compensation?
Can you claim?
For most public places the law that applies is the Occupiers Liability Act. This puts a duty on whoever is responsible for a premises to ensure that someone is not injured when using the premises. If a table is in disrepair or is defective and nothing proper has been done about it (whether it requires repairs or replacements) you may have a valid claim for personal injury compensation.
A place like a cafe, bar, pub, restaurant, or other public business premises should have Public Liability Insurance to allow people to make a claim for compensation directly from the insurer. The insurer should investigate the claim and confirm whether they agree to pay out or not.
Will my claim win?
The big question! Unfortunately, just because you have been injured on someone else’s premises does not mean you are automatically entitled to compensation. We must prove that someone has been negligent in the reasonable duty of care they have for you. We must prove that they are in breach of health and safety regulations.
When it comes to the Occupiers Liability Act, a lot of it is about what “reasonable steps” the Defendant has taken to prevent an accident or injury. If the Defendant can prove that they have a good system of inspection and maintenance and that they had no knowledge that the table was broken, they could defend the claim.
Let’s say someone breaks the table just minutes before you use it. No one has reported it has broken, and the table has been put back by the person who broke it as if there was nothing wrong with it. Well in this kind of scenario they could defend the claim on the basis they had no knowledge of the damage; and if the table is in a good condition and the break was not due to ill maintenance, a claim could be defended.
But it can all depend on how good your lawyer is when it comes to prospects of success for a claim for compensation. You need an expert personal injury lawyer with years of experience in representing accident victims for compensation claims.
100% Compensation – No Win, No Fee
We should be able to offer a 100% compensation agreement if this has happened to you. We also take claims on a No Win, No Fee basis which means you will not be charged if the claim does not succeed – so long as you comply with the terms and conditions.
So give us a call today on 0800 634 75 75 for free and friendly legal advice.