MyClaim - We're here to help

Accidents Involving Defective Premises

Back to other compensation claims

A premise is any property that is not a public place maintained by a local council, the owner or occupier of such a premise has a duty of care to all visitors that use or visit that property. As a guest, invited or otherwise, you are entitled to expect these areas to be safe for your use. Landlords owe a similar duty of care to their tenants and their guests, and a failure to maintain the premises can lead to legal proceedings under the Defective Premises Act 1972.

However it would be unrealistic to expect everything to be perfectly safe, therefore people are expected to be aware of their surroundings and take due care. Whether the occupier has taken reasonable steps to protect their visitors will be judged on the facts of each individual case. It is commonly accepted that activities carried out by an individual on a premises are not covered under the duty of care owed by the owner. It does afford protection in relation to structural defects and other dangers that relate to the state of the property. Therefore injury caused by carbon monoxide poisoning, asbestos, faulty buildings and unsafe flooring or spillages will be protected.

Any warning concerning dangers on the premises must be sufficient in all the circumstances for the visitor or occupier to be reasonably safe. Obviously children are expected to be less careful than adults and therefore precautions that are sufficient for adults may not be for children. If a child has had an accident as a result of a defective premise, a warning may not prevent a claim for personal injury. Therefore nurseries, play schemes and playschools have to be aware of these facts and keep closer supervision on the children they are responsible for.

A premise does not necessarily always refer to private land and buildings. Legally it is an extremely wide term and has been held to include electricity pylons, diving boards, ladders and everything in between. Therefore there is an extremely wide range of accidents that do take place as a result of a failure to maintain.

If you feel that you have had an accident causing personal injury as a consequence of a defective premise please call our free phone number on 0800 731 2586 or fill out our online form for free expert advice.