Occupier’s Liability Claims

The term Occupier’s Liability may sound complex, but its meaning is fairly simple to explain. There are two Occupier’s Liability Acts; the one relevant for our discussions in this blog is the Occupier’s Liability Act 1957.  It is this act which offers protection to the ‘lawful visitors’ of premises rather than trespassers with which the other Act deals. The act states that the Occupier has a duty to ensure its visitors will be reasonably safe when visiting its premises. Contrary to how the name sounds an Occupier need not actually occupy the premises as such; an occupier is simply the person(s) who have overall physical control over the premises. A good way to illustrate this is with the following examples of Occupier’s liablity claims:

• An item falling on you from a poorly stacked shelf in a supermarket – this may be a strong claim for personal injury and would be directed against the supermarket.
• Slipping on a spillage in a night club – if you have been injured as a result, this too may be a claim and would be directed against the nightclub.

So, in summary, all of the above examples are brought by way of an Occupier’s Liability claim. If any of the above or similar has happened to you then you can strengthen your position by taking the following actions:

1. Report the incident to a member of staff (or your landlord) – this is important as an accident report may need to be filled out, or in the case of a landlord repairs may have to be made.
2. Check for witnesses to the accident – if they are present, it is important to get their contact details as their evidence may be valuable later on down the line in your claim.
3. Seek medical assistance – this not only assists with your injuries, but also allows the medic to place a record in your medical notes.
4. Seek the advice of a specialist personal injury lawyer – again, this should be done as soon as possible after your accident whilst the events are fresh in your mind.

If you require any further information regarding your claim then please feel free to give us a call.