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.