What is Liability in Personal Injury Claims?

If you had an accident at work, on the road or in a public place, you may be entitled to make an injury compensation claim. This would cover the pain and suffering you were caused, as well as any related financial losses and expenses.

However, to have a valid claim, you must be able to prove that another party was responsible for your injury, at least partially. This is known as liability, and it can be proven based on legislation and various types of evidence, such as medical reports, photographs and witness statements.

Continue reading our guide below to learn more about what liability in personal injury claims is and the importance of proving liability. You can also call 0800 470 0474 or request a call back to speak with an experienced legal adviser and find out if you have a valid claim for compensation.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

Call me back

By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• What is liability?
• Why liability is essential in personal injury claims
• What evidence do I need to prove liability?
• What is strict liability?
• What is vicarious liability?
• What is split liability?
• What happens if liability is admitted?
• What if the other party denies liability?
• Are employers liable for workplace accidents?
• How is liability proven in medical negligence cases?
• Types of damages you can recover as part of your claim
• Benefits of hiring a specialist solicitor to make a claim

What is liability?

Simply put, liability means responsibility for something or someone, such as:

• A building
• A car park
• A dog or another animal
• An employer’s conduct
• A road
• A product
• The training you receive at work
• The care you receive at a hospital

Sometimes, liability is clear – for example, if someone keeps a dog of a dangerous breed and it attacks you, the owner will be strictly liable for damages under the Animals Act 1971.

In other cases, the responsibility can be questioned, and you may not be able to prove it at all. This could be the case if you suffered complications after surgery or slipped on a wet floor in a shop, but you have no photos or witnesses to confirm there were no warning signs.

Why liability is essential in personal injury claims

In personal injury law, liability refers to the legal responsibility of one party (the defendant) for causing an accident or injury to another party (the claimant). Establishing liability is crucial in determining whether the claimant is entitled to compensation for their harm and losses from the other party.

To establish liability and be able to proceed with a claim, you must prove the following:

• The defendant owed you a legal duty of care.
• They have failed to carry out their duties and have caused an accident.
• You suffered harm as a result, which was reasonably foreseeable.

A duty of care may be based on various types of legislation, depending on your accident type. For example:

• Road traffic accidents – the Road Traffic Act 1988 outlines the responsibilities of drivers, such as adhering to speed limits and ensuring the safety of other road users;
• Slips, trips and falls – the Occupiers’ Liability Act 1957 imposes a duty on occupiers of premises to keep their premises clean and safe for visitors;
• Pothole accidents – the Highways Act 1980 states that local authorities are responsible for maintaining public roads and footpaths in a safe condition;
• Food poisoning – under the Food Safety Act 1990, food producers and sellers must maintain specific hygiene and safety standards to ensure their products are safe to consume.

Below, you can read more about what evidence you could use to prove the other aspects of liability.

What evidence do I need to prove liability?

Your solicitor could use the following types of evidence to help prove liability and strengthen your personal injury claim:

• Medical records that show the extent of your injuries and the treatments you received;
• An independent medical assessment which can connect the defendant’s actions or omissions to the harm you suffered and help determine your future care needs;
• Testimony or reports from specialists such as medical, accident reconstruction or safety experts;
• Witness statements from people who saw the accident or were aware of the conditions leading to your injuries;
• Photographs or video footage of the accident scene and the hazard that caused it before anything is moved or replaced;
• Pictures of your injuries or your condition before the negligence occurred and your recovery process;
• If available, dash cam or CCTV footage of the incident can provide undeniable evidence of liability;
• A copy of an accident or police report can confirm details of the incident and who may have been at fault;
• Your testimony regarding the events and how they have affected your life;
• Copies of correspondence with the defendant or their insurer, such as letters or emails;
• You also need evidence of financial losses and expenses, such as payslips, receipts and invoices.

What is strict liability?

The concept of strict liability holds a party automatically responsible for your injuries without you needing to prove fault, negligence or intent. This is because they are in a position that cannot be defended.

For example, if you bought a defective product and it has caused you an injury, the manufacturer will be strictly liable under the Consumer Protection Act 1987. In this case, you only need to prove that the product was defective and caused you harm.

Another example where strict liability may apply is in dog bite claims. As mentioned above, you do not have to prove negligence if a dangerous dog attacks you. You only have to show that it was likely to cause damage and that the defendant was in control of the dog at the time of the accident.

What is vicarious liability?

Vicarious liability is a legal principle under which one party may be held responsible for another party’s wrongful actions or negligence, even if they did not directly cause the harm.

For vicarious liability to apply, there must be a recognised relationship between the two parties, and the wrongful act must have occurred within the course of the subordinate party’s duties. For example:

• Employers can be held liable if an employee causes an accident or injury while performing their work duties, such as a delivery driver causing a car accident during their route.
• Schools may be liable for the negligent or wrongful acts of their staff members toward students.

This concept ensures that the party with more resources bears responsibility for the harm caused rather than leaving the injured party unable to claim compensation.

What is split liability?

In personal injury law, split liability occurs when two or more parties involved in an incident share responsibility for the resulting accident or injuries. For instance, in a car accident, one driver may have been speeding while the other forgot to signal when taking a turn. In this case, the speeding driver may be found to be 70% responsible for the accident, while the other driver may be found to be 30% responsible.

Split liability is also known as contributory negligence and will not affect your eligibility for making a claim. However, the compensation you receive will be adjusted to reflect your degree of fault. For example, if the total damages that you incurred amount to £40,000 and you are 25% to blame, you would only be entitled to receive £30,000 (£40,000 minus 25%).

What happens if liability is admitted?

If the defendant in your claim admits liability, it means they admit being at fault for your accident and injuries. Admission of liability simplifies the claims process, but it does not guarantee that you will get the compensation you requested. Nonetheless, this is a positive step for you, which typically means that:

• You will not have to gather further proof to establish their breach of duty;
• You can begin to negotiate a fair compensation amount for your losses;
• You can request an interim payment to cover any immediate financial needs;
• The claim is highly unlikely to go to court, saving both parties time, costs, and stress.

Even if the other party admits liability, you may still need to undergo a medical examination by an independent expert to provide a detailed report on the extent of your injuries and prognosis. This will help calculate your compensation award accurately.

Also, if a litigation friend settles a case on behalf of an injured person (e.g., a child or a person who lacks mental capacity), they will need to go to a hearing in court. A judge must approve the settlement and ensure it is fair.

What if the other party denies liability?

If the other party does not admit to being liable for your accident, it means they believe they were not negligent and that your injuries are not their fault. In this case, making a personal injury claim will become more complex, as it needs to be proven that they are legally responsible for paying you compensation. But this does not mean your case is over or it will be unsuccessful.

Your solicitor will gather as much detailed evidence as possible to prove that the other party is liable. If the evidence is compelling, they may admit fault, and you can begin to negotiate a settlement.

Sometimes, they may further deny being responsible for your injuries, in which case your lawyer will issue court proceedings and will be ready to argue your claim before a judge. If the evidence is weak, you may agree on split liability.

Are employers liable for workplace accidents?

Employers can be held liable for workplace accidents and must have valid Employers’ Liability (EL) insurance to cover the costs of any personal injuries to employees. Their legal obligations are set by various pieces of legislation, such as:

• The Health and Safety at Work Act 1974 (HSWA)
• The Management of Health and Safety at Work Regulations 1999 (MHSWR)
• The Provision and Use of Work Equipment Regulations 1998 (PUWER)
• The Control of Substances Hazardous to Health Regulations 2002 (COSHH)

If your employer fails to comply with the legislation and you suffer an injury, you may be able to make an accident at work claim. Examples include failing to provide adequate training, maintaining a safe work environment, or conducting risk assessments. The only instances when they may not be liable are if you were injured due to your own recklessness or an unforeseeable event out of their control.

How is liability proven in medical negligence cases?

A duty of care is a fundamental principle that applies to anyone involved in treating a patient, from doctors and nurses to the hospital itself. This means they must treat you with reasonable care, skill and diligence and follow the specific guidelines published by bodies such as the National Institute for Health and Care Excellence (NICE).

To prove liability in a medical negligence claim, your solicitor must establish the following:

• A breach of duty. This means showing that your healthcare provider failed to meet the standard of care expected of them. This could involve expert testimony from medical professionals and the Bolam test, which is used to determine whether a skilled and knowledgeable healthcare provider in the same position would have acted the same as the defendant.
• Causation. You must prove that the breach of duty directly caused or significantly contributed to your injury. This step ensures the harm was not caused by an underlying condition or other factors unrelated to the negligence.
• Damages. These refer to the harm and losses caused by the negligence, such as physical injury, psychological trauma and financial expenses. These can be proven by medical records, receipts, invoices and witness testimony.

Types of damages you can recover as part of your claim

If someone else has breached their duty of care towards you and you can prove liability, you typically have three years to start a claim according to the Limitation Act 1980. If you win your case, your compensation will consist of two types of damages:

General damages are subjective losses directly caused by your injuries, such as:

• Physical pain and suffering
• Mental anguish and emotional distress
• Loss of consortium and companionship
• Scarring and disfigurement
• Physical and mental disability
• Reduced quality of life and life expectancy
• Inability to engage in hobbies and activities you used to enjoy
• Loss of a unique career

Special damages address the financial losses and expenses directly related to the accident, such as:

• Medical bills for private treatments and hospital stay
• Rehabilitation and counselling
• Loss of earnings and earning capacity
• Repairing or replacing damaged property
• Travel expenses for medical appointments
• Cost of care and assistance during recovery
• Adaptations to your home or vehicle to accommodate a disability

You can refer to our online compensation calculator to find out how much you could receive for general damages based on your injuries.

Benefits of hiring a specialist solicitor to make a claim

If you’ve had an accident and want to make a claim against another person or company, hiring a personal injury solicitor will increase your chances of success and bring many other advantages, as they:

• Have an in-depth understanding of the legal principles of liability:
• Help you gather all the evidence you need to prove a duty of care, negligence and the damages you suffered as a result;
• Know exactly how much your claim is worth and will negotiate the maximum amount of compensation for you;
• Can arrange for independent specialist assessments to strengthen your claim;
• Will handle all the legal aspects of the claim, allowing you to focus on recovery;
• They will also offer you a 100% no win no fee service, so there are no upfront costs, and you only pay a success fee if you win the claim.

To learn more about proving liability for a personal injury and whether your case has merit, call 0800 470 0474 today for a free consultation or enter your details here to arrange a call back.

Last edited on 9th Feb 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.