I wish to claim pub car park accident injury compensation after a whiplash injury because of a pothole although the pub manager has denied liability, is this possible?
If you wish to seek pub car park accident injury compensation, a claim would be possible against the party whose negligence caused your accident and injury. However this may not always be straightforward and liability for an accident in a pub car park could be challenged on various grounds. The party against whom you make a claim for a pub car park accident will depend upon those who had a responsibility towards your health and safety and who should have maintained the car park to a safe standard. For this reason, you are advised to consult a personal injury solicitor at the earliest opportunity to assess your injury in a pub car park.
Liability for your pub car park accident injury compensation could lie with the owners of the pub if they own the car park in question. They will hold responsibility for an accident in a pub car park if it is considered that actions could have been taken to avoid the possibility of an accident occurring and the pub failed to pursue these actions. You could be able to make a claim for a pub car park accident if the pothole as mentioned was present in the car park for an unacceptable length of time without action being taken to remove the hazard, or to cordon off the area until action could be taken. In this situation, you could claim compensation for your injury in a pub car park due to a failure in the pub’s duty of care.
However pub car park accident injury compensation may be made against another entity if the car park belonged to another party other than the pub – for instance, the local council or a different business. It is also possible that your claim for a pub car park accident may not be possible if the owners did not have a reasonable amount of time to remove the hazard in question. This may be the situation if – for instance – the pothole on which you sustained your injury had only appeared shortly prior to your accident, in which case a claim may not be possible against the owners as they could not have prevented your accident. It is also possible that your injury in a pub car park became worse if you did not seek immediate medical attention for your accident, which could reduce the liability of the third party in question.
It appears as though the owner of the pub is ready to challenge his or her liability for your accident in a pub car park. This may be legitimate if they could not have averted your injury in a pub car park – either through a lack of time or because they do not own the car park – although it is also possible that they are simply trying to discourage you from making a claim. Either way, it is recommended that you have a personal injury solicitor assess your claim for a pub car park accident to ensure that your claim is legitimate and is made against the correct party. With a personal injury solicitor, you are also maximising the likelihood that your pub car park accident injury compensation claim will be successful.