Can You Make an Occupiers Liability Claim?

You may be able to claim if your injury was caused by an occupier failing to take reasonable care of their premises.

This could include failing to repair dangerous defects, maintain floors or stairs, provide suitable warnings, carry out appropriate inspections or deal with known hazards.

Occupiers’ liability can apply to a wide range of places, including shops, restaurants, hotels, offices, public buildings, leisure facilities and private properties.

Common Occupiers Liability Accidents

Accidents can happen in many different circumstances, including:

• Slips, trips and falls
• Falls down stairs
• Accidents caused by uneven or damaged flooring
• Injuries caused by wet or slippery surfaces
• Falling objects
• Defective doors, windows or fixtures
• Poor lighting
• Accidents in shops and supermarkets
• Accidents in restaurants and takeaways
• Hotel and holiday accommodation accidents
• Injuries caused by poorly maintained premises

If you have suffered an injury because of a slip, trip or fall, you may also wish to read about our Slip and Trip Accident Claims.

Who Can Be Responsible?

The person responsible for an accident is not necessarily the property owner. An occupier can be anyone with sufficient control over the premises.

Depending on the circumstances, this could include:

• Property owners
• Businesses and retailers
• Landlords
• Local authorities
• Hotels and restaurants
• Schools and leisure facilities
• Housing associations
• Property management companies
• Maintenance contractors

More than one party may sometimes have responsibility for an unsafe condition.

What Evidence Do You Need?

Evidence can help establish what caused your accident and whether the occupier failed to take reasonable care.

Useful evidence may include photographs of the hazard, witness details, CCTV footage, accident reports and medical records. You should also keep records of correspondence with the occupier and receipts for any expenses caused by your injury.

The sooner evidence is collected, the easier it may be to establish what happened.

What Compensation Can You Claim?

If your claim is successful, compensation may be available for your injury and financial losses.

Depending on your circumstances, this may include:

• Pain, suffering and loss of amenity
• Medical and rehabilitation costs
• Travel expenses
• Care and assistance
• Loss of earnings
• Future financial losses
• Other reasonable expenses caused by the accident

The amount of compensation will depend on the severity of your injury and its impact on your daily life.

No Win No Fee Occupiers Liability Claims

Depending on your circumstances and eligibility, your Occupiers Liability Claim would be handled on a No Win, No Fee basis.

You will not usually have to pay legal fees upfront. If your claim is unsuccessful, you will not normally have to pay legal fees, subject to the terms of your agreement and any exceptional circumstances.

We will explain the funding arrangement clearly before you proceed.

How Do Occupiers Liability Claims Work?

We will assess how your accident happened and consider whether the occupier or another party may be responsible.

Evidence will be gathered to establish the condition of the premises and the circumstances surrounding the accident. Medical evidence may also be obtained to assess your injuries.

We can then calculate your losses and negotiate with the responsible party or their insurer to seek appropriate compensation.

What Should You Do After an Accident?

If you are injured on someone else's property, you should report the accident and ensure it is recorded.

Where possible, take photographs of the hazard and obtain witness details. Seek medical attention and keep records of your treatment and any expenses.

You should also seek legal advice as soon as possible because personal injury claims are subject to time limits.

Occupiers Liability Claim Time Limits

Most personal injury claims generally need to be started within three years. Different rules can apply to children and individuals who lack mental capacity.

Because limitation rules can vary depending on the circumstances, obtaining legal advice promptly can help ensure you understand the relevant deadline.

Occupiers Liability Claims for Children

Children may not always recognise the risks associated with certain hazards. They will not typically be judged to understands risks in the way an adult would objectively perceive them, especially where the child is much younger. Therefore, If a child has been injured on someone else's property, the circumstances will need to be carefully considered.

Different limitation rules may also apply to claims involving children, and a parent or appropriate adult may be able to act on their behalf.

Occupiers Liability Claims for Trespassers

The legal position can be different where someone was injured after entering property without permission.

An occupier may still have certain responsibilities towards trespassers in particular circumstances. Factors such as the nature of the danger, whether it was known and what precautions were taken may be relevant.

Why Choose Step Legal Solicitors?

Occupiers liability claims can involve complicated questions about who was responsible for the premises and whether reasonable safety measures were taken.

Step Legal Solicitors can investigate your accident, gather evidence, obtain medical reports where required and deal with insurers or other responsible parties on your behalf.

If we are satisfied with the merits of your case, we will handle your matter on a No Win, No Fee basis.

Start Your Occupiers Liability Claim Today

If you have been injured because of an unsafe condition on someone else's property, you may be entitled to compensation.

Contact Step Legal Solicitors on 0800 195 6412 or submit your enquiry here to discuss your circumstances.

You can also visit one of our offices for a free initial consultation during any of our working hours. 

Even if you are unsure whether someone else was responsible for your accident, it is worth seeking legal advice to understand whether you may have a valid Occupiers Liability Claim.