If you wish to speak with one of our specialist solicitors, in the strictest confidence, then please call 0870 055 2260 - alternately please complete our online enquiry form.
If you have been injured whilst visiting premises; you may have a claim against the Occupier of those premises under the Occupiers Liability Act 1957.
Examples of such accidents may include;
- Slipping over in a supermarket either on spilled produce or a wet floor
- Tripping over a cracked or missing floor tile in a pub toilet;
- Injuries that have occurred to your child in a school playground as a result of defective playground equipment or unsafe conditions;
- Injuries that have occurred due to poorly lit or unlit areas either inside or outside premises;
- Injuries that have occurred to your child by trapping a finger in a door which should be protected by child safety closure mechanism.
The Occupiers Liability Act 1957 places a duty on the occupiers of premises to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes of which he is invited or permitted to be there.
The main issue, in respect of any injury you have suffered, is whether or not the occupier breached their duty of care to you.
What are premises for the purpose of a claim?
The word premises incorporate a broad spectrum of places. These can include, but not limited to, shops and supermarkets or pubs and clubs. However, there does not need to be any buildings on the premises and, as such, accidents on wasteland and even fields can come within the definition.
Furthermore, a claim may still exist if the injury occurred on a movable structure such as an aircraft or boat.
Who are Occupiers?
Upon making enquiries with our team of specialist lawyers we will take information from you in order to identity the Occupier of the premises against whom liability will be pursued; this may not necessarily be the owner of the property.
Purpose of the Visit?
In order to bring a claim under the provisions of the Occupiers Liability Act 1957 you must be lawfully on the premises and therefore classed as a ‘visitor’. If the person injured on the property was a trespasser i.e. not a visitor then the Occupiers Liability Act 1957 does not apply.
However, the Occupiers Liability Act 1984 does incur a duty upon occupiers to take care, in all the circumstances, to ensure that a trespasser does not suffer injury on the premises.
Duty in respect of Children?
In respect of children the provisions of the Occupiers Liability Act 1957 states that the occupier of the premises must be prepared for children to be less careful than adults. This may mean that whilst an adult may be unable to establish liability against the occupier under the same facts a child may succeed.
There may be warnings displayed on the land which are classed as suitable for adults but may not be suitable for children. Also, an occupier must be aware of any part of their premises which may act as an enticement to children.
Specialist Workmen?
If you have been invited onto premises to carry out work and have been injured you may still have a claim. The law states that an occupier who invites a specialist onto the premises to deal with a defect can reasonably expect the specialist to appreciate and guard against the dangers arising from the defect. However, the risks must be ordinarily incident to the specialists task so if the injury results from something other than the defect then a claim may still exist.
What will my claim be worth?
At the outset of any claim it is difficult to provide you with an accurate valuation as this will usually depend on the nature of the injury, consequences and future effects which may require an expert’s opinion. However, for a quick guide you should refer to our injury tariff on the home page.
What should I do if I think I have a claim?
You can speak to one of our specialist solicitors who will take further information from you and advise you further in respect of any claim that you may have.
If you wish to speak with one of our specialist solicitors, in the strictest confidence, then please call 0870 055 2260 - alternately please complete our online enquiry form.