When Could You Claim For An Accident In A Garden?
Certain criteria must be met to make a personal injury claim following an accident in a garden. Firstly, you must prove that the accident was caused by someone else breaching the duty of care they owed you. Due to this, you must have been injured, either physically or emotionally.
A garden accident could occur when performing work-related duties or when you are visiting a public garden as a member of the public. In this guide, we will discuss the duty of care you are owed when in public and at work.
Additionally, we will share examples of how you could be injured in a garden and the harm you could suffer.
Furthermore, we will share examples of the evidence you could present to help support your claim and discuss how a No Win No Fee solicitor could help you throughout the different stages of the claims process.
You can contact our advisors if you would like to discuss the specific circumstances of your potential claim today. Our friendly team is available to answer your questions and offer you free legal advice 24/7.
To discuss your potential claim with an advisor today, you can:
Select A Section
- When Could You Claim For An Accident In A Garden?
- What Could Cause An Accident In A Garden?
- Evidence Needed For A Personal Injury Claim
- What Is The Average Personal Injury Claim Payout?
- Talk To Our Team About Claiming For An Accident In A Garden
- Learn More About Making A Personal Injury Claim
There are various instances where you could be injured in a garden. For example, you could be working in as a gardener or visiting a public garden as a member of the public. However, in order to claim for your injuries, you must be able to prove the following:
- Firstly, you were owed a duty of care by a third party.
- Secondly, they breached this duty of care.
- Thirdly, you were injured as a result of the breach.
These three points constitute negligence which can form the basis of a valid personal injury claim.
Claiming Against An Occupier
The party that is in control of a public place owes members of the public a duty of care. Per the Occupiers’ Liability Act 1957, they must do what they can to ensure your reasonable safety. For example, they could perform regular risk and hazard assessments. If they failed to do so, you could be injured either physically or emotionally as a result.
Claiming Against Employers
Employers owe their employees a duty of care, as stated in the Health and Safety at Work etc. Act 1974. Per this duty, they must take all reasonable steps to ensure their employee’s safety at work and whilst they are performing work-related duties. For example, they could perform regular maintenance checks on any equipment or provide adequate training to employees so they are able to safely perform their duties.
If your employer were to breach this duty of care, it could cause you to become injured in an accident at work.
Contact our advisors to see whether you could make a claim if you have been injured in an accident in a garden as an employer or member of the public.
You could be injured in a garden in various ways, such as:
- When working as a gardener, your employer could have provided you with faulty equipment that caused you to be injured. For example, you could fall from a faulty ladder and suffer a shoulder injury.
- In a public garden, you could suffer an ankle injury in a slip, trip or fall accident. For example, you could trip over a lose paving stone that the party in control of the space was aware of but failed to address in a reasonable amount of time.
However, you must remember not all accidents could lead to a claim. You must prove that the accident was caused by someone else breaching their duty of care. Additionally, this must have caused you to suffer an injury.
Contact our advisors today if you have any questions regarding personal injury claims.
Providing relevant and sufficient evidence could help support your claim. Some of the evidence that could be used could include:
- Witness contact information.
- CCTV footage, photographs or other videos of the accident.
- Photographs of any visible injuries/symptoms.
- A copy of your medical records that confirms your injury and the treatment received for it.
Do not hesitate to contact our advisors today if you have any questions about claiming after you have been injured in an accident in a garden. Furthermore, our advisors may connect you with a solicitor from our panel who could help you with gathering evidence.
When making a successful claim following an accident in a garden, you could receive a settlement that comprises up to two heads. General damages, the first head, could compensate you for the suffering and pain your injury has caused you.
The Judicial College Guidelines (JCG) is a document that provides compensation guidelines for various injuries. Many legal professionals use it to help them value claims. This is why we have used the figures listed in the JCG when creating the table below.
However, it is important to remember that the personal injury compensation you could receive may differ from the figures listed below. This is because the specific factors of your claim could affect the amount you receive.
|Hand||Amputation of Index and Middle and/or Ring Fingers||The hand's grip will be exceedingly weak, and the hand will be of very little use.||£61,910 to £90,750|
|Hand||Serious Damage to Both Hands||There will be a substantial loss of function and permanent cosmetic disability.||£55,820 to £84,570|
|Foot||Severe||Permanent pain and significant mobility restriction due to both feet or heels having fractures.||£41,970 to £70,030|
|Foot||Modest||Ruptured ligaments, simple metatarsal fractures, puncture wounds, and the like, that cause continuing symptoms such as a permanent limp.||Up to £13,740|
|Ankle||Severe||Ankle instability with a period of time in plaster and/or an extensive treatment period.||£31,310 to £50,060|
|Shoulder||Severe||Usually associated with neck injuries that involve brachial plexus damage that result in a significant disability.||£19,200 to £48,030|
|Shoulder||Moderate||Limited movement and discomfort caused by a frozen shoulder, with symptoms lasting for about 2 years.||£7,890 to £12,770|
|Wrist||Significant||Some useful movement remains despite the wrist suffering a significant disability that is permanent.||£24,500 to £39,170|
|Wrist||Recovery is longer than 12 months||A largely complete recovery (save minor symptoms) from a fracture or soft tissue injury takes longer than a year.||£6,080 to £10,350|
|Achilles Tendon||Minor||Some damage to the tendon due to a turning of the ankle, which also causes a feeling of being unsure of ankle support.||£7,270 to £12,590|
Are There Other Types Of Damages You May Claim?
Your compensation award could include special damages. This aims to compensate you for the financial losses you have suffered due to your injury, such as:
- A loss of earnings due to taking time off work.
- Medical bills, such as paying for prescriptions.
- The cost of home adaptations to cope with your injury.
- Travel costs, such as taxis to medical appointments.
However, to claim these losses back, you must provide sufficient evidence of them. Evidence could be in the form of receipts, payslips, bank statements or invoices.
Contact our advisors today if you have been injured in an accident in a garden to see whether you could make a claim and how much you could receive in compensation if you succeed.
If you are still unsure whether you could make a personal injury claim following an accident in a garden, you can contact our advisors. If it’s found that your claim is valid and has a chance of success, they may connect you with a solicitor from our panel. The solicitors on our panel have experience handling various claims and could help you with yours. Furthermore, they may offer you a kind of No Win No Fee agreement known as a Conditional Fee Agreement.
There are various benefits when working with a solicitor under this arrangement, such as:
- You generally are not expected to pay the solicitor you’re working with any upfront or ongoing fees for the services they provide.
- Additionally, you are usually not required to pay them for their services following an unsuccessful claim.
- However, you will pay them a legally capped success fee if the claim wins. Success fees are deducted from your compensation, but with the legal cap in place, you can keep the majority of your award.
Speak To An Expert
We understand you could still have questions this guide may not have covered. If so, you can contact our team of advisors today. They are available 24/7 to offer you free legal advice and could inform you whether you could make a claim following an accident in a garden. Additionally, they may connect you with a No Win No Fee solicitor from our panel if they think you could make a claim.
To discuss your potential claim with an advisor today, you can:
Additional articles by us about personal injury claims:
- Limitation period in a personal injury claim in the UK.
- Can I be sacked for making a personal injury claim?
- Psychiatric and mental health compensation calculator.
- Gardener Injury Accident At Work Compensation Claim
- Health and Safety Executive (HSE) – Health and Safety Statistics
- The Royal Society for the Prevention of Accidents (RoSPA) – About Us
- NHS – Health A to Z
Contact our advisors if you have been injured in an accident in a garden to see whether you could make a personal injury claim.
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