Accidents can happen in a wide range of places, from supermarkets and shopping centres to restaurants, offices, hotels, and private properties. When an accident occurs because a property owner or occupier has failed to maintain a safe environment, you may be entitled to claim compensation under occupiers’ liability law.
At Harris Fowler, our experienced personal injury solicitors help individuals who have been injured due to unsafe premises secure the compensation they deserve. Understanding your rights is the first step towards making a successful claim.
What Is Occupiers’ Liability?
Occupiers’ liability refers to the legal duty that those who control or manage premises owe to visitors. Under the Occupiers’ Liability Act 1957, occupiers must take reasonable steps to ensure that visitors are safe while on their property.
An occupier is not necessarily the owner of a building. It may be a business, local authority, tenant, landlord, or any person responsible for the maintenance and management of the premises.
When this duty of care is breached and someone suffers an injury as a result, the injured person may be able to pursue a compensation claim.
Common Types of Occupiers’ Liability Accidents
Occupiers’ liability claims can arise from many different circumstances, including:
• Slips, trips and falls caused by wet floors or uneven surfaces
• Poorly maintained staircases or handrails
• Falling objects in shops, warehouses or public buildings
• Accidents caused by inadequate lighting
• Injuries resulting from defective flooring or paving
• Accidents in car parks due to poor maintenance
• Injuries caused by inadequate security measures
• Unsafe conditions in hotels, restaurants, pubs, or leisure facilities
Each case is unique, and establishing liability will depend on the specific circumstances surrounding the accident.
What Must Be Proven in an Occupiers’ Liability Claim?
To successfully claim compensation, it is generally necessary to demonstrate that:
The Occupier Owed You a Duty of Care
The occupier must have had responsibility for the premises and a legal duty to ensure reasonable safety for visitors.
There Was a Breach of Duty
You must show that the occupier failed to take reasonable steps to identify, address, or warn against hazards.
The Breach Caused Your Injury
There must be a clear link between the unsafe condition and the injury you sustained.
You Suffered Losses
These may include physical injuries, financial losses, medical expenses, rehabilitation costs, or lost earnings.
What Compensation Can You Claim?
Compensation in occupiers’ liability cases is designed to place you, as far as possible, in the position you would have been in had the accident not occurred.
Depending on your circumstances, you may be able to claim for:
General Damages
These compensate you for the pain, suffering, and loss of amenity caused by your injuries.
Special Damages
These cover financial losses and expenses arising from the accident, including:
• Loss of earnings
• Medical treatment costs
• Travel expenses
• Care and assistance provided by family or professionals
• Rehabilitation costs
• Future financial losses where applicable
What Evidence Can Help Support Your Claim?
Strong evidence can significantly improve the prospects of a successful claim. Useful evidence may include:
• Photographs of the accident scene
• Accident report records
• CCTV footage
• Witness statements
• Medical records and reports
• Evidence of financial losses and expenses
• Correspondence relating to the incident
If possible, it is advisable to gather evidence as soon as possible after the accident occurs.
How Long Do You Have to Make a Claim?
In most personal injury cases, you have three years from the date of the accident to begin court proceedings.
There are some exceptions, including claims involving children and individuals who lack mental capacity. Because limitation periods can be complex, it is important to seek legal advice as early as possible.
How Harris Fowler Can Help
Occupiers’ liability claims can be complex, particularly where liability is disputed. At Harris Fowler, our specialist personal injury solicitors have extensive experience helping clients pursue compensation following accidents on unsafe premises.
We can:
• Assess the merits of your claim
• Gather evidence and obtain expert reports
• Identify the responsible party
• Negotiate with insurers on your behalf
• Pursue court proceedings where necessary
• Maximise the compensation you recover
Our team is committed to providing clear, practical legal advice and supporting you throughout the claims process.
Contact Harris Fowler Today
If you have been injured in an accident caused by unsafe premises, you may be entitled to compensation. Seeking legal advice early can help protect your rights and strengthen your claim.
Contact Harris Fowler today on 0800 213 214 for expert advice on occupiers’ liability claims and discover how our experienced personal injury solicitors can help you pursue the compensation you deserve.
