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Occupiers' Liability Claims

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 Unfortunately, many accidents happen as a result of hazardous premises, and it is the responsibility of the occupier of the premises to ensure that it is safe.  The occupier is the person or body which has control over it, and it is not always therefore the owner of the premises.  For example a business which has let premises, will be the occupier and not the actual owner.

The Occupiers’ Liability Act 1957 dictates that occupiers of premises must take reasonable care to ensure visitors will be reasonably safe in using the premises.  It is generally accepted that this duty only applies to dangers arising out of the condition of the land itself, and not activities on the land.  For example, an occupier of a shop may be liable for the accident of a customer who has slipped on a wet floor, but not for the careless manoeuvring of a shopping trolley by another customer.  Clearly, if it is foreseeable that children may visit the premises, the occupier must take extra care.

Obviously there are a huge variety of different accidents which can and do take place as a result of unsafe premises, and whether the occupier has taken reasonable care will be assessed on the facts of each case.  A common example of an occupiers’ liability claim is slipping accidents in shops.  The law states that if the shop can show they have implemented an adequate system of inspection and cleaning, they will have taken reasonable care to ensure the premises is safe, and will not therefore be liable for their customer’s accident.  However, often these systems will not have been in place or implemented, and the shop owner, as the occupier will have failed to fulfil their duty, and will be liable for the accident.

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

So, if you have suffered an accident as a result of a hazard present on somebody else’s premises, whatever the circumstances, please call our free phone number 0800 731 2586 or complete the online enquiry form for  free, confidential, no obligation, expert advice; as you may be able to bring a claim against the occupier for compensation.