We often assist clients who have been injured in places such as supermarkets, shops, car parks, public buildings, or even private homes. These cases may fall under a specific area of law called Occupiers’ Liability.
Occupiers’ Liability refers to the legal duty that a person or organisation in control of a property (the “occupier”) owes to those who visit that property. This duty is set out under two main statutes in England and Wales:
- The Occupiers’ Liability Act 1957: Covers lawful visitors (those who have permission to be on the premises).
- The Occupiers’ Liability Act 1984: Covers non-visitors, including trespassers, in certain circumstances.
An “occupier” doesn’t have to be the owner, it could be a tenant, business, or even a contractor who has control over the premises. Under the 1984 Act, the duty to trespassers is more limited. However, if an occupier knows of a danger and that someone may come into contact with it, they may still have a duty to take steps to prevent harm.
Under the 1957 Act, an occupier must take reasonable care to ensure that visitors are safe while on their premises. This can include:
- Keeping walkways clear of hazards
- Fixing dangerous conditions (such as broken steps or wet floors)
- Providing adequate warning signs
- Ensuring safety equipment is in place where needed
For example, if you slipped on a wet floor in a supermarket where no warning signs were displayed, this could be a breach of the occupier’s duty.
Common Types of Occupiers’ Liability Claims
If you are unsure whether your accident was fall under this category, it is best to speak with a member of our team who can guide you through the process, however here are some examples to give you a general understanding:
- Slips, trips and falls in public or private spaces
- Injuries from falling or broken objects in shops or warehouses
- Accidents on unsafe stairs or walkways
- Injuries at theme parks, sports facilities, or playgrounds
- Injuries caused by poor lighting or lack of maintenance
What will I need to make a claim?
Our team of personal injury solicitors at Harris Fowler has extensive experience in Occupiers’ Liability claims. We will be able to assess whether the occupier failed in their legal duty, as well as help gather evidence, and deal with insurers on your behalf.
Things you can do to support our team from the outset is have photos of the object or area that caused the injury, and file a report with staff, security, or management. If possible, obtaining witness details can also support our team.
Next steps
If you believe you have an Occupiers’ Liability claim, or if you’re unsure whether the occupier is at fault, contact Harris Fowler today for a free consultation on 0800 213 214.
