Public Liability Time Limit – What You Need to Know Before Making a Claim

Picture this: you’re going about your day , grabbing a coffee, taking your kids to the park, or hurrying to catch a train , when suddenly, one wrong step changes everything. A hidden hazard, a slippery floor, a poorly maintained path… and now you’re left dealing with pain, stress, and unexpected bills.

But there’s something many people don’t realise until it’s too late: even if your injury wasn’t your fault, your right to compensation doesn’t last forever. There’s a public liability time limit, a ticking clock that starts running from the moment of your accident (or when you first realise your injury was caused by negligence).

Understanding how long you have , and making sure you don’t miss that window , could be the difference between getting the support you deserve… or losing your chance entirely.

What Is the Public Liability Time Limit?

The public liability time limit generally comes from the Limitation Act 1980, which sets out how long a person has to bring a personal injury claim. According to section 11 of the Act, you normally have three years from either:

1. 1. The date of the incident (i.e., when your injury occurred), or

1. 1. The “date of knowledge” , the date when you first realised (or reasonably should have realised) that your injury was caused by someone’s negligence.

This three-year rule applies to most public liability claims.

Why Is There a Public Liability Time Limit?

• • Evidence reliability: Over time, memories fade and documents may be lost, so a time limit encourages prompt claims.

• • Legal certainty: The time limit gives defendants and insurers some finality , they can’t be sued indefinitely for very old incidents.

• • Fairness: While three years is the default, the law offers flexibility through the “date of knowledge” rule or special exceptions, so claimants aren’t unfairly penalised if they didn’t immediately realise the cause or extent of their injury.

See Tripped on Pavement Claim – UK Complete Guide to Compensation.

Key Exceptions to the Public Liability Time Limit

There are a few important exceptions to the general public liability time limit. Knowing these can make a big difference to whether your claim is still valid.

1. Minors (Under 18 Years Old)

If someone is injured while under 18, the three-year countdown does not start immediately. Instead:

• • The clock usually starts on their 18th birthday.

• • That means they may have until they turn 21 to issue a claim.

2. Mental Incapacity

If a person lacks mental capacity (for example due to a disability), the time limit may be paused (“tolled”) until they regain capacity.

3. Date of Knowledge

As mentioned, the standard three-year limit might begin only when you first became aware of the negligence or the full extent of your injuries.

• • “Date of knowledge” includes when you reasonably knew (or should have known) about the injury, its cause, and who was responsible.

• • This can apply in cases where the injury was “latent” , for example, a chronic condition or illness that only became apparent later.

Limitation Act 1980 on legislation.gov.uk — explains the 3‑year time limit for personal injury claims.

What Happens If You Miss the Public Liability Time Limit?

If you try to make a claim after the public liability time limit has passed, your claim may be “statute-barred” meaning a court can refuse to hear it.

That said:

• • In very rare cases, courts have discretion to allow a claim even after the time limit, but this is not guaranteed.

• • It’s vital to seek legal advice well before the deadline , at least months in advance , because preparing a case (gathering evidence, medical reports) takes time

Check our guide on Injury in a Public Place – Make a Claim UK.

Why Choose Claim Today Solicitors

• • Experts in Public Liability Claims – Guidance from start to finish.

• • No Win, No Fee – No upfront costs, no financial risk.

• • Personalised Support – Clear advice and assistance every step.

• • Fast and Reliable – Ensure deadlines like the public liability time limit aren’t missed.

• • Proven Track Record – Thousands of successful claims across the UK.
    

    FAQs 

    Q1: What is the public liability time limit?
    A: The public liability time limit is the period you have to make a claim after being injured in a public place, usually three years from the date of the accident or from when you first knew the injury was caused by negligence.

    Q2: Can the public liability time limit be extended?
    A: In rare cases, the court may allow a claim after the time limit, especially for minors, people with mental incapacity, or injuries that only appear later. Legal advice is essential.

    Q3: Does the public liability time limit apply to children?
    A: No. For minors, the time limit usually starts on their 18th birthday, giving them until age 21 to make a claim.

    Q4: What happens if I miss the public liability time limit?
    A: Your claim may be statute-barred, meaning the court can refuse to hear it. Acting quickly is critical.

    Q5: How do I know when the public liability time limit starts?
    A: It starts either from the date of the accident or the date of knowledge—when you first realised your injury was caused by someone else’s negligence.