Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Premises liability covers legal responsibility when someone is injured on another person or organisation's property. In Pontypool, which is in Torfaen County Borough, the same basic principles apply as elsewhere in England and Wales. The law focuses on whether the person in control of the premises - the occupier - took reasonable steps to keep visitors safe. Common statutory sources include the Occupiers Liability Act 1957 for lawful visitors and the Occupiers Liability Act 1984 in relation to trespassers. Other relevant laws and legal concepts include negligence, the Defective Premises Act 1972 where applicable, and the Limitation Act 1980 which sets time limits for bringing claims.
Many premises liability cases involve complex questions of duty, breach, causation and damages. You may need a lawyer if:
- You suffered a significant injury such as fractures, head injury, back injury, or soft tissue injury that required hospital treatment or ongoing care.
- The cause of the accident is disputed - for example whether the occupier knew about the danger, how long it had existed, or whether the occupier took reasonable precautions.
- Multiple parties may be responsible - for example a property owner, a landlord, a managing agent, or a contractor.
- The injury gives rise to ongoing loss such as time off work, future care needs, or long-term impairment.
- The occupier or their insurer deny liability, or offer a settlement that appears too low.
- There is a need to preserve evidence, obtain expert reports, or prepare for court proceedings.
Key aspects of law and local practice relevant to Pontypool include:
- Occupiers Liability Act 1957 - Occupiers owe a common duty of care to lawful visitors to take reasonable steps to keep the premises reasonably safe.
- Occupiers Liability Act 1984 - A limited duty applies to trespassers where occupiers know of a danger and the risk of harm, and can reasonably prevent it.
- Limitation Act 1980 - For personal injury claims the usual time limit is three years from the date of injury or from when the injured person knew they had a claim. Special rules apply for children and those lacking capacity.
- Defective Premises Act 1972 - Where work on premises has been carried out for a reward, a duty may arise to ensure the work was done properly so it does not cause injury later.
- Local authority responsibilities - Torfaen County Borough Council is responsible for some public highways, pavements and public spaces in Pontypool. The council also enforces housing and public safety standards in certain circumstances.
- Health and safety - If the injury arose at work or in a public place due to a breach of health and safety law, the Health and Safety Executive or local authorities may investigate. That enforcement route is separate from a civil claim for compensation.
An occupier is anyone who has some degree of control over premises. That can be an owner, tenant, landlord, manager, licence-holder or even someone with temporary control. The courts look at who had control over the area where the injury happened when deciding who owes a duty of care.
No. Lawful visitors are protected under the Occupiers Liability Act 1957 and have a broad duty of care. Trespassers have a more limited protection under the Occupiers Liability Act 1984 - the occupier must have known or ought to have known about the danger and the risk of harm and the occupier must be able to take reasonable steps to prevent that harm.
For most personal injury claims the time limit is three years from the date of the injury or from the date you knew you had a claim. Different rules apply for children - the three year period usually starts when the child turns 18 - and for those who lack legal capacity. Fatal claims have their own rules under the Fatal Accidents Act 1976. It is important to seek advice early so you do not miss deadlines.
Useful evidence includes photographs of the defect or hazard, witness contact details, CCTV where available, the accident report form if the incident was in a business or council-owned location, medical records, payslips to prove loss of earnings, and repairs or maintenance records for the premises. Preserve clothing or footwear if they are relevant to the accident.
Yes. Reporting the incident creates an official record which can help a claim. Ask for a copy of any accident report and record the name and role of the person you spoke to. Be careful not to admit blame when reporting - a factual account of what happened is enough.
Bringing a civil claim for compensation does not automatically mean you will be sued. The usual outcome is negotiation with the occupier's insurer. Defendants can raise a defence such as contributory negligence, and in rare situations a counterclaim might arise. A solicitor will explain the risks before you proceed.
Responsibility depends on who has legal responsibility for the highway. Torfaen County Borough Council is responsible for many local roads and pavements, but some areas might be privately maintained. Investigating responsibility quickly is important as the council operates procedures and timescales for inspecting and dealing with reports.
Many personal injury solicitors offer conditional fee agreements commonly called no win no fee. These agreements usually mean you do not pay legal fees if you lose, but you may be asked to pay an agreed percentage or success fee from damages if you win. Always get a clear written explanation of fees, disbursements and any insurance for adverse costs.
Compensation aims to put you back in the position you would have been in but for the injury. It includes general damages for pain and suffering and special damages for quantifiable financial losses like past and future loss of earnings, care costs, medical expenses and repairs or replacements. Serious or long-term injuries will attract higher awards and often require medical and vocational expert reports.
Yes. Medical evidence is central to proving injury and causation. Attend prompt medical treatment and keep records of appointments and costs. For claims, solicitors usually arrange an independent medical report to support the claim and quantify impairment.
If you need further help or information, organisations and bodies that can assist include Torfaen County Borough Council - for queries about public spaces and highways, the Health and Safety Executive - for workplace or public safety enforcement matters, Citizens Advice Wales - for general legal information and signposting, the Law Society - to find qualified solicitors experienced in personal injury and occupiers liability, the Solicitors Regulation Authority - for guidance about solicitor regulation, and the local health board for medical records and advice on NHS treatment.
Other useful resources include court service information for England and Wales, and organisations offering support for specific injuries or disabilities. If the incident resulted in a criminal act - for example an assault - you should contact the police.
1. Seek medical attention - your health is the priority. Ensure injuries are recorded in medical notes and keep copies of appointments and treatment costs.
2. Preserve and collect evidence - take photographs, note the time and location, get witness names and contact details, keep clothing or footwear if relevant, and obtain any accident report from the premises.
3. Report the incident - tell the business, landlord or council in writing that you were injured and ask for a copy of any accident report. Keep a record of correspondence and the names of people you speak with.
4. Avoid admitting fault - stick to factual descriptions when speaking to others or to insurers. Do not sign anything without legal advice.
5. Get legal advice - contact a solicitor who specialises in premises liability or personal injury in Wales. Early advice helps secure evidence, identify defendants, and explain limitation periods and likely remedies. Ask about funding options, including conditional fee agreements and insurance for adverse costs.
6. Report to relevant bodies if needed - if the accident involves a workplace, report it to the Health and Safety Executive or the council as appropriate. If it involves a defective product or building work, keep invoices and consider whether a claim under the Defective Premises Act 1972 may apply.
7. Keep records - maintain a file of medical records, receipts, correspondence about the incident, and notes of how injuries affect daily life and work. This will support any claim for special damages and general damages.
If you are unsure where to start, contact Citizens Advice Wales for initial guidance and ask for a referral to a solicitor experienced in occupiers liability claims. Acting promptly helps protect your legal rights and preserves evidence essential to a successful claim.
