Everything you need to know about making an occupier’s liability claim

A company or business owner that occupies a property has a duty of care to the people that visit it. The Occupiers Liability Act 1957 provides rules for occupiers of property and places a duty of care to ensure that all lawful visitors to their premises are safe. Occupier’s liability is essentially when an owner of private land or property such as a business, shop, restaurant or sports centre, is liable for any injuries caused to somebody whilst on their property.

What is the difference between a public liability claim and an occupier’s liability claim?

Occupier’s liability refers to anyone who owns a property that the public can visit. The difference between public liability and occupier’s liability is in the owner of the place where the accident took place. Public liability refers to places that are owned by the council. Whereas Occupier’s liability covers places that are privately owned.

The most common examples of occupier’s liability claims

There are several common examples of occupier’s liability claims including:

• An injury in a car park as a result of a pothole or cracked pavement that was not clearly signed or cordoned off.
• An Injury from falling down the stairs or steps due to lack of safety notice, a handrail, slippery surface or badly maintained staircase.
• An Injury from badly maintained or broken apparatus in a sports centre, playground or park.
• Laceration from broken or badly maintained ‘edge’ for example a door, furniture or equipment.
• Injuries to a tenant caused by defective property.

Is making an occupier’s liability claim complicated?

There are a variety of factors that you need to consider when making an occupier’s liability claim. You will need to provide evidence that the premise you were visiting was unsafe. You should try to obtain photographic evidence of what has caused the accident and your injuries. It is also useful to gather statements from anyone that witnessed the accident. Finally, you will need to be able to provide details of exactly where, why and how the accident happened and be clear on what the danger was and how it was preventable.

How we can help

Our skilled team at Thorneycroft Solicitors provides the highest levels of legal expertise and will advise you on the steps to take when filing an occupier’s liability claim. We are familiar with the procedure and will assist you in acquiring evidence to back up your claim as well as identifying any long-term consequences that must be considered. Our experience means the claims process will be made as simple and stress-free as possible.

Above is everything you need to know about making an occupier’s liability claim. If you have been injured and you are not at fault, get in touch today and we will offer a free initial interview to review your specific circumstances and assess the viability of your personal injury claim.

To speak to one of our specialist team call us now on 0800 1979 345, or complete our simple enquiry form.