Occupier’s liability means that the occupiers of a premises are required to keep people safe whilst they are on the premises for which the occupier is responsible. Occupiers liability applies to lawful visitors and to trespassers although, rightly so, lawful visitors are given greater protection than unlawful trespassers.
The term occupier is quite wide and the Courts look at the degree of control over the premises. Occupier’s liability applies where people become injured in the supermarket, in shops, in garages, in petrol station forecourts etc. If for example you slip on oil in a petrol station forecourt then you may be entitled to claim compensation. This is because the occupier has failed in their duty to keep the premises reasonably safe and to protect people from injury. Presumably you are on the petrol station forecourt to fill up your car with petrol; clearly you are therefore a lawful visitor to the premises. Each case is viewed on its merits and the Court would look at whether anything was done to warn of the danger. In addition the Court would consider how long the oil had been left on the floor, were staff aware that oil was on the floor etc?
Occupier’s liability also applies to office premises. Even if you do not own the premises, if you occupy the premises and have a sufficient amount of control over the premises, then you are likely to be an occupier in the eyes of the law. Obviously there are many hazards in most workplaces that could give rise to an occupiers liability claim. In terms of an office environment people could trip over bags or papers, could slip on a wet floor etc. In these scenarios an occupier’s liability claim is likely to be successful.
In terms of the lawful visitor, an occupier must “take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there.” The standard is that of a reasonable occupier but it is important to note that an occupier must be prepared for children to be less careful than adults. A higher standard of care is effectively expected if children are visiting the premises.
The clean as you go policy is one way of training staff to look for any potential hazards and clean them up as they work throughout the day. This is one such reasonable step that is expected of an occupier of a premises. A classic example is that of the shelf stackers in a supermarket – they’re not cleaners, but they are trained to look for, and clean up, any hazards they spot whist they are stacking shelves.
If you have sustained injury on someone else’s premises then you may have a right to claim compensation. Contact The Injury Lawyers today to discuss a potential claim.
