The aim of this guide is to explain how to make a museum injury claim for compensation. There are many ways that visitors to museums might suffer an injury after an accident. If you have suffered an accident in a public place, such as a museum, you could be eligible to seek compensation.
We will look at what evidence could be used to support your claim and in what time limit it will be brought. Importantly, we will also look at how damages from an accident in a museum are calculated.
You don’t have to face a compensation claim alone. It may be the case that you qualify for help from a skilled No Win No Fee public liability solicitor from our panel. They can take up eligible cases and help you aim for the maximum compensation for both the physical and psychological injuries, as well as any financial harm you incurred.
Read on to understand the claims process better. Or, if you want to chat in person about public liability claims for injury in a venue such as a museum, you can:
- Call our advisors to learn more about the personal injury claims process on
- 020 8050 2736
- Submit our Contact us form online.
- Ask the discussion window a question about personal injury claims.
Browse Our Guide
- What Is A Museum Injury Claim?
- What Can Cause An Injury In A Museum?
- How To Make An Accident In A Museum Claim
- Potential Compensation For A Museum Injury Claim
- Is There A Time Limit For Making Public Liability Claims?
- Make A Museum Accident Claim On A No Win No Fee Basis
- Read More About Making A Public Liability Claim
What Is A Museum Injury Claim?
Under the terms of the Occupiers’ Liability Act 1957, those who operate or control venues open to the general public have a legal duty of care to them. They must take steps to keep the public reasonably safe. This entails a host of activities, from fixing repair issues to checking for hazards on a regular basis.
A claim for compensation after injury in a museum is a type of legal action taken against the occupier if they fail to uphold their duty. So, in order to have eligible grounds to start a personal injury claim against an occupier, you need to show three points:
- You were owed a duty of care at the time of injury.
- The occupier (in this case, the museum operator) failed to meet that obligation in some way.
- You can prove this caused you harm.
All three conditions must apply. Speak to our advisors if you have any questions so far.
What Can Cause An Injury In A Museum?
Numerous everyday hazards can potentially harm a visitor if the correct health and safety steps are not taken. Here are some examples:
- Wet floors in the museum were left unattended or without warning signs. A visitor slipped and suffered broken bones in their wrist and shoulder.
- There was insufficient lighting in a stairwell, which caused a visitor to miss a step and fall downstairs suffering an injury.
- Carpeting or tiling was left in a state of disrepair in the museum and a person tripped. This lead to a broken arm.
Can Museum Staff Claim Compensation If Injured?
Employers also owe a duty of care to their employees as stated by the Health and Safety at Work etc Act 1974 (HASAWA). It obliges employers to take steps that are reasonable and practicable to protect the health and safety of employees as they perform their roles.
Again, this can involve regular assessments of avoidable risk in the museum. As well as providing proper training and issuing staff with personal protective equipment (PPE) as necessary. Therefore, a duty of care breach could be:
- Providing employees with faulty ladders which causes someone to fall and suffer head or spinal injury.
- Failing to train staff on how to bend and lift correctly during manual handling activities. This can cause a staff member to suffer a back injury.
Reach out to advisors for personalised help with your museum injury claim against a negligent employer. If you suffered injuries at work, personal injury solicitors might be able to help.
How To Make An Accident In A Museum Claim
Like all personal injury claims, evidence plays a vital role in seeking damages. You need to collect as much proof as you can that your injuries were sustained because those in charge of the museum breached their duty of care. With this in mind, here are some examples of evidence:
- Video and CCTV footage of the accident scene.
- Witness statements from museum staff or other people who saw the accident. A personal injury solicitor can secure statements from these people at a later date to use as supporting evidence.
- A copy of the accident book entry about the incident (which should be kept on the premises by law).
- Copies of medical reports and records (such as X-rays, scans and specialists’s findings).
- Any evidence of psychological harm caused (such as post-traumatic stress disorder).
- Photos of the injuries and the hazards that caused them.
Potential Compensation For A Museum Injury Claim
Two categories of loss can make up the compensation claim amount. One reflects the pain and suffering caused by the injuries themselves and are called general damages. Legal personnel who calculate this amount may look at medical evidence and publications like the Judicial College Guidelines (JCG) to work out a figure for this.
The compensation amounts shown in the JCG are only guidelines for various types and severities of injury. Importantly, personal injury claims vary from person to person, so payouts differ. Also, we have included a figure at the top of our table that does not come from the JCG.
Compensation Award Guidelines
| Bodily Location | How Severe? | Guideline Amounts | Notes |
|---|---|---|---|
| Several types of severe injury with special damage payment. | Severe | Up to £1 million plus | Awards of this size reflect a very severe level of multiple injury and special damages for lost earnings, care provision and medical fees. |
| Head | (a) Very Severe | £344,150 to £493,000 | Extreme cases where little meaningful interaction with environment is possible and full-time nursing provision is needed. |
| Neck | (a) Severe (ii) | £80,240 to £159,770 | Serious cervical spine damage to discs and fractures that cause permanent neck and mobility damage. |
| Knee | (a) Severe (ii) | £63,610 to £85,100 | Leg fractures impacting the joint in the knee causing permanent pain. |
| Back | (a) Severe (iii) | £47,320 to £85,100 | Disc fractures and disc lesions effecting vertebral bodies and soft tissue harm that cause permanent chronic pain and mobility conditions. |
| Foot | (e) Serious | £30,500 to £47,840 | Injury that initially is not too severe but may lead to the risk of future traumatic arthritis. |
| Wrist | (b) Significant | £29,900 to £47,810 | Injuries that cause a significant level of permanent injury but some use remains. |
| Ankle | (c) Moderate | £16,770 to £32,450 | Ligament tears and fractures that create difficulty standing for a prolonged period, walking on slopes or using stairs. |
| Scarring | (c) Significant | £11,120 to £36,720 | Facial scarring cases where surgery has helped with cosmetic impact and psychological reaction (although initially considerable) has improved over time. |
| Hand | (h) Moderate | £6,910 to £16,200 | Soft tissue cuts and lacerations, crush and penetration wounds that leave permanent disability and where surgery has failed. |
The injuries might impact your future income and ability to earn a living. Or you may be faced with sudden medical bills and other expenses. Such amounts can be claimed back under the head of loss called special damages. You may have evidence that proves these financial losses and expenses, such as:
- Payslips that show a drop or earnings loss caused by the time needed off work.
- Medical bills and prescription charges.
- The cost of fares, petrol and parking to essential appointments.
- Proof of amounts paid to anyone who cared for you at home.
- The invoices or proof of payment to have modifications made in your home because of a new disability.
For personalised help seeking damages for museum injury claims, please contact our advisory team. They offer free and impartial information on your options for seeking compensation.
Is There A Time Limit For Making Public Liability Claims?
A basic time limit applies in which to launch a personal injury claim. The Limitation Act 1980 states that this is three years starting from the injury date. There can be amendments to this general rule, for example:
- Time limits are paused for minors under the age of 18. A compensation claim may be started on their behalf by a litigation friend. Usually, this is a parent, guardian or other party concerned with their welfare who is authorised by the courts to bring a claim immediately. This is particularly useful if compensation needs to be sought for emergency medical procedures or arrangements.
- If a litigation friend does not bring a claim on behalf of the minor, they have 3 years, starting from the date of their 18th birthday, to start a compensation claim independently.
- In addition, claimants without the sufficient mental capacity to make a claim themselves are subject to no time limits. However, if the mental capacity returns, the three-year time limit starts from the date of recovery. Furthermore, a litigation friend can act for them also.
Make A Museum Accident Claim On A No Win No Fee Basis
Facing a public liability claim for personal injury is not something you need to do on your own. You might feel intimidated at the prospect of starting a legal action against a public or privately-run museum. Perhaps your claim could qualify for help from a No Win No Fee personal injury solicitor on our panel.
There are so many good reasons to seek legal advice. Firstly, a solicitor can assist with the collection of essential evidence that proves things like medical expenses and emotional suffering. They can also respond to court requests that might arise and explain jargon. As well as calculate precisely what you are owed.
If your claim is eligible, you could access their services by using a version of the No Win No Fee contract called a Conditional Fee Agreement (CFA). Usually, terms such as these mean:
- No initial solicitor’s fees.
- No fees are required for solicitor’s services as the claim moves forward.
- You avoid paying solicitor’s fees for completed services if the claim is unsuccessful.
- Only a successful outcome requires payment to the solicitors. This is called a success fee and is taken from the compensation amount at the end of the claim.
- This amount is a small and legally restricted percentage which aims to ensure claimants always get the bulk of their payout.
Claiming compensation for the injuries suffered could be more straightforward than you thought. To see if you can take advantage of excellent legal representation from our panel, start by connecting with an advisor. They’ll assess the merit of your accident in a museum claim and take it from there:
- Call our advisors to learn more about the personal injury claims process on
- 020 8050 2736
- Submit a ‘Contact Us’ online form.
- Also, ask the discussion window a question about personal injury claims.
Read More About Making A Public Liability Claim
As well as this guide on how to claim after an accident in a museum, information can be found in these other guides:
- Read about how much compensation can apply after falling in the street on a hazard.
- Also, advice after an accident in a shop is available here.
- In addition to this, general information about accidents in a public place can be read in this guide.
Other information:
- Read about how poor floor specifications threatened to delay the opening of a museum.
- When to call 999 advice from the NHS.
- Lastly, consider this guide about fall prevention from the Royal Society For The Prevention Of Accidents (RoSPA)
We value your interest in our guide ‘Can I Make A Museum Injury Claim?’. We hope you now have the information you need, but we are happy to talk to you if you have further questions.
