Occupiers Liability

Occupiers Liability

If you sustain injuries whilst lawfully visiting the premises of an occupier and those injuries are caused by the occupier’s negligence, or breach of duty, you may be able to claim compensation. Premises include shops, hotels, restaurants, cinemas, pubs, bars, petrol stations, hospitals, GP surgeries, banks and the homes of individuals, to name just a few 

Common accidents that occur might involve slipping on wet floors, tripping over obstructions, or being injured due to faulty shelving or furniture. Occupiers have a duty to take reasonable steps to ensure the reasonable safety of any lawful visitors using the premises for the purposes for which the visitor is permitted to be there under the Occupiers Liability Act 1957.

Occupiers even owe a duty to unlawful visitors under the Occupiers Liability Act 1984 which extended the duty of care to trespassers; however, this is not as high a duty as that owed to a lawful visitor.The Occupiers Liability Act 1957 also takes into account that children may be less careful than adults, and therefore the occupier of the premises must accommodate for this. This can also mean that an Occupiers Liability claim made on behalf of a child may be successful whereas an adult’s claim might not be, for example if the occupier displays warning signs that are not suitable for children.

In order to bring a successful Occupiers Liability claim it is important to have evidence to prove that the premises that you visited were unsafe and that risk of an accident was foreseeable and significant. This can be in the form of photographs showing the cause of the accident, witnesses to the accident who are able to state that the premises were dangerous, being able to explain the reason for your visit to the premises, whether as a lawful or unlawful visitor, and evidence of who the occupiers of the premises are.

Further information on Occupiers Liability

Call our dedicated Personal Injury Solicitors today for help and advice on starting a claim by calling 0800 088 6280 or email enquiries@rotherasharp.co.uk