A law firm for life

Accidents in Public Places

Experiencing an accident can be hugely challenging for an individual.  It can lead to illness and injury, which, in extreme cases, can be life-altering.

At The McKinstry Company, we understand how stressful an accident of this nature can be.  This is why we are here to help you ensure that you get the justice you deserve.

To discuss your specific circumstances, get in touch on 01465 915021 or complete our online enquiry form

What Can I Do If I Have an Accident in a Public Place?

If you have had an accident in public, then you may be able to make a personal injury claim against those responsible for that public place.  This may be the owner of a business, a local council or your employer.  Whatever the nature of the accident, you should seek expert legal advice to understand the potential compensation available to you.

The Duty of Care

To understand who is responsible for an accident, it is important to understand who owns the land on which the accident occurred, and/or who is responsible for it.

The relevant legal principle is referred to as ‘the duty of care’.  This is a long-established legal principle and in simple terms, if someone owes another person a ‘duty of care’ this means that they are required to take reasonable care to protect another person from harm.

For example, a very common accident in a public place involves falling over a loose kerb stone or into a hole in the road.  Generally speaking, local councils will be responsible for roads and pavements.  In those cases, the local council may have a duty of care – meaning that they are legally responsible for maintaining these spaces and may, therefore, be responsible for accidents when they occur.

What Is the Process for Making a Claim?

Once you have reached out to us, we will take detailed statements from you (and any potential witnesses) to understand exactly what occurred.  We will discuss with you the injuries you have sustained and how this has impacted on your life.  We will also ask questions about other losses that may have occurred – such as loss of wages from being unable to work.

We will notify the relevant party that you are seeking to claim against them.  In many cases, insurers will become involved.  It can be intimidating dealing with insurers and other large corporate organisations on your own. We can negotiate with them on your behalf to ensure that you obtain the best settlement possible in your case.

In the event that the claim is taken to court, we will advocate on your behalf.  In Scotland, there is a specialist personal injury court, which has been operating since 2015. We are thorough and diligent and will make sure that any case is prepared with an exceptional eye for detail.  We will guide you through the process to make it as simple as possible for you.

For more information on making a claim for personal injury, please read our FAQs.

Contact The McKinstry Company Personal Injury Lawyers in Ayrshire & Dumfries and Galloway

At The McKinstry Company, we put our clients at the heart of our work.  As a firm, we never lose sight of the importance of the client and the outcome which the client seeks from us.

Our goal is to generate and maintain strong and lasting client relationships rather than a transactional approach to the work which we undertake.  We are a law firm for life and will work with you during this challenging time, to ensure that you receive the best possible legal advice.

If you want to learn more about accidents in public and personal injury claims, get in touch today.  You can contact us on 01465 915021 or via our enquiry form.  Our friendly and dedicated team are here to help you.

Robert Honeyman Partner View Robert's Profile

Robert is Head of our Litigation Department, where he oversees all contentious cases. His remit includes employment, contract disputes, commercial court work and all aspects of personal injury litigation. With extensive experience of handling cases in the Employment Tribunal, Sheriff Court and Court of Session, Robert was recognised by the Association of Personal Injury Lawyers and the Law Society of Scotland in 2010, as a Specialist in Personal Injury Litigation.

Having joined the firm in 1997, Robert is well respected among clients and peers, and is widely regarded as an organised, proactive and diligent litigator, who will go the extra mile to get the best results for his clients.

Robert is a keen golfer (although not reflected in his handicap) and enjoys running. He also supports a number of charitable and community projects, and is Past President of Largs Cronies Burns Club.

Ayr Sandgate

Queen’s Court House
39 Sandgate
Ayr, Ayrshire
KA7 1BE

  • Disability access
  • Parking close by

Girvan

146-148 Dalrymple Street
Girvan, Ayrshire
KA26 9BQ

  • Disability access
  • Parking close by
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