Who is Liable if you are Injured on a Pavement or in a Public Place in Scotland?

If you are injured on a pavement or in a public place in Scotland, the person or organisation responsible for that area may be liable. For public roads and pavements, this is usually the council. For shops, shopping centres, car parks and other private premises, it is usually the occupier, such as the business that runs the site.

Liability is not automatic. A claim usually depends on why the accident happened, who was responsible for the area, what they knew or should have known, and whether their failure to take reasonable care caused your injury.

Who may be liable after an accident in a public place?

It depends on where the accident happened. The table below shows the most common situations.

A solicitor will look at whether the person or organisation responsible for the area failed to take reasonable steps to avoid harm that could have been foreseen.

Are councils responsible for pavements?

Under the Roads (Scotland) Act 1984, the council, as roads authority, must manage and maintain public roads, which include footways. That covers pavements as well as the road itself.

That does not mean the council is liable every time someone trips. Councils often defend claims by showing that they had a reasonable system for inspecting and repairing pavements. Our guide on how to claim against a council for a pothole or paving injury explains this in more detail.

What if a private company is responsible?

Many places the public use are privately run, such as shops, restaurants, supermarkets and private car parks. The occupier must take reasonable care for the safety of visitors under the Occupiers' Liability (Scotland) Act 1960.

If you are injured because of a hazard on those premises, such as a spill, a loose mat or poor lighting, you may be able to claim against the occupier. Our guide on what to do after a slip or fall in a shop or supermarket covers this type of accident.

What is public liability?

Public liability is a general term for the responsibility a person or organisation has for injury or damage caused by its activities or the condition of places it controls. A public place accident can involve a council, a business, a landowner or another occupier.

Most businesses and councils are insured against these claims, so compensation is usually paid by an insurer.

Can you claim compensation for a pavement accident?

A pavement defect does not automatically mean you can claim. What matters is the circumstances of the accident, the nature and condition of the defect, and whether the responsible organisation knew, or ought to have known, about the risk.

If the organisation argues that you were not paying attention, your compensation may be reduced to reflect your share of responsibility, but you can still claim. Read more on whether you can still claim if the accident was partly your own fault.

What should you do after an accident in a public place?

1. Get medical attention Have your injuries checked and make sure the cause is recorded in your medical notes.
2. Record the scene If it is safe, photograph the hazard, the area around it and your injuries, and note the exact location.
3. Get witness details Take names and contact details of anyone who saw the accident.
4. Report the accident Report it to the council or the business responsible, and keep a copy of any report or reference number.
5. Keep records Keep medical records, receipts and all correspondence about the accident.

How much compensation could you receive?

Compensation depends on the nature and severity of your injury and the other losses caused by the accident. A broken wrist, ongoing pain or a more serious injury will each be valued differently.

Damages in Scotland are made up of solatium, for pain, suffering and loss of amenity, and patrimonial loss, for financial losses such as lost earnings, care and expenses. Our guide on how much compensation you can claim for a personal injury in Scotland explains more.

Is there a time limit for making a personal injury claim?

Under the Prescription and Limitation (Scotland) Act 1973, a personal injury action must normally be raised within three years of the date of the injury, or of the date you became aware of the relevant facts, if later.

The court can sometimes allow a late action, but you should never rely on this. Make a note of the date of the accident and get advice early.

How can a solicitor help with a public accident claim?

A solicitor can investigate the accident, identify who was responsible for the area and assess whether the evidence supports a claim. Claims usually start with a letter of claim to the insurer, and many settle without going to court.

At Stewart Gordon Thomson Law Firm, our accidents in public solicitors in Glasgow advise people across Scotland who have been injured in public places, and our wider personal injury lawyers in Glasgow handle claims on a No Win, No Fee basis.