Occupiers' Liability Claims

If you have been unfortunate enough to be injured whilst a visitor on somebody else's premises you may be able to claim compensation. The personal injury solicitor who deals with this should have experience of this type of accident claim. We have provided a basic explanation of how the law works in this area for you below. If you need our advice, give us a call on freephone 0808 155 4870 or click on the right of the screen to request a ringback from a specialist personal injury lawyer.

Occupiers Liability claims are compensation claims for accidents which have happened at someone's premises. For example, this might be a tripping accident in a supermarket or burning your arm on a plate in a restaurant.

Can I make a claim?

There are strict time limits within which a personal injury claim must be made. The Law in this area is complex and outside the scope of this site however generally speaking following an accident at work you would be expected to bring your claim within three years for the date of the accident. (For further information on this area, please refer to our section on time limits).

A duty of care

The Law provides that occupiers of premises have a duty of care to lawful visitors. (A trespasser who enters premises unlawfully is not protected under this provision).

The occupier of the premises - were they in breach of their duty?

The duty impose upon the occupier is to take such care as in all the circumstances are "reasonable". The occupier's duty may therefore be discharged by simply placing a warning sign of a floor hazard.

Was your injury caused by the property occupier's breach of duty to you?

The burden rests on the injured party to establish the link between the accident and their injury. The accident need not be the sole cause of the injury. In fact it may be that a pre-existing injury has been exasperated as a consequence of the accident.

Sometimes claims fall at this final hurdle, as the owner of the premises accept that they have breached their duty of care but do not accept that the accident has brought about the injury complained of.

To build a successful case it is therefore useful to be able to demonstrate that you sought medical attention following your injury. If medication/treatment is required, we would recommend that you retain receipts as not only will they help support to the fact that your injury was caused/exasperated by your accident but you may also be able to reclaim your expenses if your claim is successful.

If you wish to speak to one of our specialist personal injury solicitors, please contact us on freephone 0808 155 4870. We have offices in London, Manchester & Birmingham and operate nationally.