Have you ever had a fall, slip or trip in a supermarket because of a hazard that shouldn’t have been there? Maybe you have suffered an injury in a hotel as a result of bad housekeeping. This type of accident is known in law as Occupier’s Liability. If you have ever had an accident on an area of land or premises owned by someone else, The Injury Lawyers may be able to help you make a claim on a No Win No Fee basis. We are still offering you 100% compensation for these types of claims unlike most other law firms who are generally taking a 25% deduction from your compensation due to law changes.
The Law
The Occupiers Liability Act 1957 is the statute that commonly governs this area of law. Simply put, it requires that an occupier of premises owes a duty to others to take care regarded as reasonable in all the circumstances to ensure that you as a visitor are not injured.
There are various circumstances where this duty can be discharged – and if there is a way for the occupier to do this, they will! The duty can be discharged in the following circumstances; where there are inspection/maintenance regimes in place; where there are warning signs displayed for hazards; and where there are ‘clean as you go’ policies in operation.
How can I Bring a Successful Claim if the Duty can be Discharged so Easily?
Most large companies will have policies in place to help them discharge their duty to you and in doing so protect themselves against potential claims – this can make it extremely difficult to bring a successful claim. To increase the chance of your claim being successful, it is important that you make the claim as soon as possible after the accident. This is so that we can request CCTV footage (if it’s available) of the accident. If we can obtain CCTV footage, we may be able to prove how long the hazard has been there – if it has been there for a substantial period of time, we may be able to prove that the inspection and/or ‘clean as you go’ regimes are inadequate and flawed. If we could do this, you would have the basis of a successful claim.
So, if you have had an accident on someone else’s premises, don’t put off! Call us now for friendly and helpful advice on your claim.
