How to make an Occupiers’ Liability Claim
If you have been injured on someone else’s property and it was not your fault you may be able to claim compensation. Shops, leisure centres, restaurants and car parks, for instance, all have a legal duty to ensure that their premises are safe for visitors or customers and must do all that is reasonable to prevent accidents and injuries on their premises.
Slip and trips are one of the most common types of accident that result in an injury. These accidents can occur for a number of reasons including spillages, poor lighting, badly maintained walkways or staircases, and unmarked hazards and obstructions. If you have suffered an accident through no fault of your own while you were on someone else’s premises, you may be able to claim compensation under the Occupiers’ Liability Act 1957. Your claim would be made against the person, business or local authority that owns, or has a measure of control over, the premises concerned.
However, for any claim to be successful, it must be proven that the property owner owed a duty of care towards you whilst you were on their premises. Clearly the customer or visitor has a responsibility to themselves to avoid hazards where possible so if there was a sign saying ‘enter at your own risk’ it may be difficult to make a claim. However even if there was signage present, it is crucial to check with your solicitor whether the sign is legally enforceable. The presence of warning signs isn’t always enough to prevent a claim being made and you should still seek advice if you’re looking to make a claim.
If you think you may have a valid compensation claim, you should take early advice from a legal expert, who will consider the circumstances in which you suffered the injury and advise whether or not your claim will have a reasonable chance of success. An occupiers’ liability claim will be dealt with in a similar way to many other types of personal injury claim.
Your solicitor will want to know where the injury took place and may decide to visit the premises personally to check whether there were, for instance, any warning signs and, if so, if they were reasonable and/or clearly visible.
Your solicitor will also be looking for evidence that reasonable measures were not taken by the person or organisation responsible to prevent avoidable injuries to visitors or customers. For instance, photographs of broken stairways or poorly lit walkways can prove very important in your claim.
Details of your injuries will be required and a medical report will often be needed and your solicitor will help you with these. It is important that when you have suffered an injury on someone else’s premises you make sure the incident and your injuries are formally reported to the owner and that it was formally logged. You may need evidence of this in due course and you should make your solicitor aware of when the report was made so that a copy of it can be obtained. Once all the evidence is collated, a formal compensation claim can be made.
As the law surrounding occupiers’ liability can be complex, it is important to take early legal advice to find out what your legal position is. Speak to an expert in personal injury claims who will be able to give you an indication of whether or not you have a valid compensation claim.
For information on all accident claims, whether you’re pursuing an occupier’s liability claims or a car accident claim, get advice from a trained legal advisor to ensure you do everything the right way.
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