If you visit someone’s property lawfully, then they have a duty of care in relation to your health and safety. The Occupiers’ Liability Act 1974 provides this protection for visitors. If you get injured whilst at the property because of negligence on the part of the occupier, then you may be able to claim compensation.
At Seatons we are experts in claiming compensation in personal injury claims. We have many years’ experience in dealing with claims of this nature and we will work hard to ensure you get all the compensation you deserve.
Occupiers’ liability falls under tort law. It concerns the duty of care that those who occupy property owe to people who visit or trespass. It deals with liability that may arise if a person has an accident due to defective or dangerous condition within the property.
There is no legal definition of occupier. Instead it is defined using case law. The current test is the degree of occupational control. The most control a person has over premises, the more likely he is to be considered an occupier for the purpose of occupier’s liability. There can be more than one person deemed as occupier.
Tenants of a property are defined as occupiers. An owner of a property (such as the landlord) are only defined as occupiers if they have retained control of the premises. If the tenancy agreement imposes a duty for the tenant to repair the premises, then the tenant is ultimately liable under the occupier’s liability.
Common incidents where a person is injured that we see involve slips, trips and falls or being injured due to faulty shelving or furniture. The occupier has a responsibility to take reasonable steps to ensure your safety whilst you are on the property.
The Occupiers’ Liability Act 1957 regulates occupiers’ liability to visitors. A visitor is a person whom the occupier gives an invitation or permission to enter or use the premises. If a visitor goes past the occupiers’ liability permission, such as going to the part of the premises where he was told by the occupier not to go, then the visitor will become a trespasser. Trespassers are afforded lower standards of protection.
In order to have a successful claim against the occupier there needs to be evidence to prove that the premises that were visited by yourself were unsafe and that there was a foreseeable and significant risk of accident. Evidence is often in the form of photographs, witnesses or even CCTV footage of when you were injured.
The Occupiers’ Liability Act 1957 imposes a duty of care on the occupier. The occupier must 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 for which he is invited or permitted by the occupier to be there.
The Act states that an occupier must be prepared for children to be less careful than adults. This means that there is a higher standard of care expected from the occupier when children are visiting the premises.
The duty of care which is expected on the occupier, it is expected that reasonable steps are taken to ensure that the visitors are safe. It is accepted that some incidents are not foreseeable, however, if, for example there is a step on a pathway protruding clearly, it would be the occupier’s responsibility to remove the risk that this step poses, or informing the visitor of the risk.
If you have been injured on premises and it was because of the negligence of the occupier, or if someone is bringing a negligence claim against you then give us a call on 0800 310 11 12 for a free no obligation chat over the phone. Here we can assess your claim and advise you on the next steps to take. We always work on a no win no fee basis. All you need to do is pick up the phone or fill in our online enquiry form and we will endeavour to get back to you as quickly as possible.
Compensation Claim Specialists
Hello, I am Adam Cresswell and I am the Head of Seatons Solicitors Compensation Claim Department.
We act for clients on accident claims across the United Kingdom. We are not a middleman claims company. We are specialist accident compensation claim lawyers. We will always fight on your behalf and make sure your claim is dealt with quickly and ensure that you receive the maximum amount of compensation. We are members of the Solicitors Regulatory Authority Personal Injury Panel which is only open to solicitors who have high levels of experience and expertise in dealing with accident claims.
Free Initial Advice – No Win No Fee
If you have had an accident and are thinking about making a claim, then please call us. We offer free initial advice and if we take your claim on, we always work on a No Win No Fee basis.
All you need do is simply pick up the phone and give us a call on 01536 276300 or use our online enquiry form and we can then take things from there.