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Case study · Public liability
£8,000 Compensation After a Fall Into a Hidden Hole on Public Land
Our client was walking back to their car across public land when they stepped into a hole hidden under a layer of leaves. There were no warning signs or barriers. They fell, broke their wrist and needed surgery and rehabilitation. NJS Law, the firm behind Injuries Direct, showed the hazard should have been repaired or marked, and secured £8,000 in compensation.
How a hidden hazard on public land led to a successful public liability claim, and what it means if you've been hurt in a public place.
- Claim type
- Public liability
- Accident
- Fall into a hole hidden by leaves
- Where
- Public land, on the way back to a car
- Injury
- Broken wrist needing surgery
- Who was at fault
- The party responsible for maintaining the land
What happened
Our client was walking across public land back to their car. They stepped onto what looked like a safe patch of ground, but a hole was hidden underneath a layer of leaves. There were no warning signs or barriers, so the hazard blended into the ground around it.
They fell suddenly and put a hand out to break the fall. The fall caused immediate pain and shock, and our client felt stressed and overwhelmed, knowing straight away that it could have been avoided.
The injury
Our client broke their wrist. It needed:
- Surgery
- Rehabilitation
- Time to recover, with ongoing symptoms affecting day-to-day life
A wrist injury can take away a lot of independence, from driving and working to cooking, dressing and lifting. For our client, it caused lasting discomfort and limits on everyday tasks.
Why the claim succeeded
Whoever is responsible for public land must take reasonable steps to keep people safe from hazards they know about, or should know about. This claim succeeded because the evidence showed three things.
- A dangerous, neglected hazardThe hole was a clear risk to anyone walking there. It should have been filled, repaired, covered or clearly marked, not left hidden under leaves.
- The responsible party was at faultIt could be shown that they knew, or should have known, about the hole and didn't take reasonable steps to fix it or warn people.
- A serious injury with a real impactA broken wrist needing surgery is a significant injury, with a long recovery and restricted movement.
- The outcomeCompensation of £8,000.
Every claim is different, and the outcome of a past case doesn't guarantee the outcome of yours.
Who's responsible for injuries on public land?
Depending on where your accident happened, responsibility could lie with:
The local council
For many pavements, parks, public paths and open spaces.
A private landowner
For land that's privately owned but open to the public.
A property management company
For shared areas such as estates, retail parks and car parks.
Another organisation
Any organisation responsible for maintaining the area.
Not sure who's responsible? Don't worry. We'll find out who owns and maintains the area and make the claim against the right party.
Hurt by a hidden hazard? How to strengthen your claim
If you were injured by a concealed hole, an uneven surface or a poorly maintained path, these steps can help:
- Take photos or videosOf the hazard and the area around it, as soon as you can and before it's repaired.
- Report itTo the council or landowner, and keep a copy of your report.
- Get witness detailsNames and phone numbers of anyone who saw what happened.
- Keep recordsMedical records, receipts for any costs, and notes on how the injury affects your work, mobility and daily life.
You may be able to claim if:
- The hazard was hidden, for example by leaves, poor lighting or bad weather
- There were no warning signs or barriers
- The area should have been inspected or repaired
The sooner you get advice, the easier it is to secure evidence such as photos, reports, CCTV and witness details.
Injured in a public place? Find out if you can claim
Whether you tripped on a pavement, fell in a park or were hurt in another public place, our team will talk it through with you for free and tell you honestly whether you have a claim. Eligible claims are handled on a no win, no fee basis.
- Free, no-obligation first conversation
- No win, no fee on eligible claims
- Specialist public liability solicitors
- Clear advice on your next steps
Prefer to talk now? 0330 818 1202
Public place injury claims: FAQs
Can I claim if I fell because of a hidden hazard?
Yes, you may be able to. If a hazard was hidden, for example by leaves or poor lighting, and there were no reasonable warnings, you may be entitled to compensation.
How much compensation could I get for a broken wrist?
It depends on how serious the break is, the treatment you need, how long you take to recover and how it affects your work and daily life. In this case, our client received £8,000. See how compensation is calculated for typical amounts.
What if I was partly to blame?
You may still be able to claim. If responsibility is shared, your compensation may be reduced to reflect your share, but it doesn't automatically stop you claiming.
Who do I claim against if I don't know who owns the land?
You don't need to know. It could be the council, a private landowner, a management company or another organisation. We'll find out who's responsible for the area and make the claim against them.
Is there a time limit for a public liability claim?
You usually have three years from the date of the accident to start a claim. There are exceptions, for example for children, so get in touch even if your accident was some time ago. Read how long you have to make a claim.
Injured in a public place?
Talk to our public liability team for free, with no obligation to claim. Eligible claims are handled on a no win, no fee basis.