Public liability
Defence and supporting legal services relating to civil claims
against international, national and local organisations, and their
insurers.
As an area of law, public liability affects every business or
organisation. In insurance terms, it carries high value risks
and the potential for major litigation proceedings. For
multi-national insurers, corporations and public bodies, it creates
a particular need for specialist legal advice and support.
Weightmans has been addressing these needs for many years, and
members of our expert team have acquired significant expertise and
experience in every aspect of public liability law and its
application. We have a successful track record in defending a wide
variety of claims including trips and slips, collisions, falls from
height and property damage.
Our approach is to work in partnership with you as a client and
to provide clear, informed advice at the earliest stage of every
claim. This means we can quickly assess the prospects of
successfully defending your case, and decide collectively whether a
claim should be brought to trial or settled.
All this is based on gaining a thorough knowledge of your
organisational objectives and a particular understanding of the
circumstances of individual claims. Our experience covers a wide
variety of environments including construction sites, factories and
other work sites, shops, highways, parks and other natural land,
vehicles and domestic properties.
We offer comprehensive advice on the interpretation and effect
of relevant statutory provisions, including the Occupiers Liability
Act 1957 in respect of visitors to premises, the Occupiers
Liability Act 1984 in respect of trespassers, and the Workplace
(Health Safety and Welfare) Regulations 1992.
We also cover liability under principles of common law
negligence, including advice on the existence of duty of care
between existing or potential parties, and any causal breach of
that duty. Our clients include employers and others with control
over property, and our expertise includes the interpretation of
contractual indemnities and the pursuit of Part 20 claims for
contribution or indemnity from others.
In appropriate cases, we actively pursue claimants in respect of
incidents caused through their own fault, particularly through
carelessness, inattention or intoxication. Members of our team have
handled a number of high profile public liability cases, including
the House of Lords authority of Tomlinson v Congleton Borough
Council on trespassers, as well as other cases of national
strategic importance.
As part of our value-for-money client service, we provide
regular risk management and best practice advice to help avoid
future claims, supported by regular information bulletins and
bespoke site visits.