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Making a Claim for Occupiers Liability

The following is intended as a brief guide to making an Occupiers’ Liability claim.

The Occupiers’ Liability Act 1957 requires that a person (an individual or an organisation) in possession of premises owes a duty of care to those who come on the premises and must take reasonable care to protect them from harm that might come to them whilst on their premises.

In addition, occupiers are also under a duty to protect trespassers from dangers which the occupier knows exist or has reasonable grounds to know exist. Therefore you may still be able to make a claim for compensation even if you did not have permission to be on the premises.

Accidents such as slips, trips and falls are very common and can occur almost anywhere, such as at supermarkets, restaurants, leisure facilities and private residential properties. The ‘occupier’ of the land has a duty to ensure you are safe and is responsible for a slip and trip occurring if they have been negligent. This is what is known as occupier's liability. If you have been injured in a slip, trip or fall accident, which you believe was caused by somebody else’s negligence, it could lead to a successful personal injury compensation claim.

How do I make a claim?

The first stage is to contact a member of our team who will take some basic information from you and talk you through the process.
At MyClaim, our lawyers are experienced in using the necessary regulatory framework to ensure that your claim has the maximum chance of success.

What will it cost me to make a claim?

Absolutely nothing. We operate on a no win no fee basis. This means that you will receive 100% of the compensation you are awarded. You may also have the benefit of legal expenses insurance which we can discuss with you.

How long is my claim likely to take?

It is hard to estimate how long any claim will take to conclude. The time scale depends on a variety of factors such as the severity of your injuries, how long you take to recover from your injuries and whether liability is admitted by the other party. Obviously if your injuries are more serious it may take longer and we will advise you of this as your case proceeds.

How will my compensation be calculated?

All compensation for personal injury claims are split into two parts:-

1. General Damages

This is also known as damages for pain, suffering and loss of amenity. This is your claim for the actual physical injury sustained as a result of the accident. This part of your claim is valued with reference to the medical report and case law. The amount of damages you recover will depend on the severity of your injuries and how long you take to recover.
Another aspect of your claim for General Damages is the affect that the accident has had on your life as a whole. For example, if there is anything you are not able to do following the accident that you were able to do before, such as sporting activities or if you were forced to miss an important event.

2. Special Damages

This is your claim for any financial losses that you suffer as a direct result of the accident. This part of the claim can include medical costs, such as prescription and over-the-counter medication charges, and any claim for loss of earnings.

Making a claim may seem like a daunting task but our expert claim handlers will make your claim as straightforward as possible and support you throughout your claim. We have a national team of claims consultants who will be happy to see you in your home, at work or even in hospital in order to explain matters further and complete the paperwork for you.

Find out now if you have a claim - simply call our freephone 24/7 helpline number 0800 731 2586, or complete the online enquiry form for totally confidential, free, no obligation expert advice.
We offer a “no win no fee service” and you will receive 100% of your compensation.

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