Occupiers Liability Claim
These types of claims involve accidents which have taken place on privately owned land or property. One example of these types of cases would be slipping in a supermarket or tripping in a pub, school, and shopping centre or on privately owned land.
A person or entities in control of land or premises owe a duty of care to people who visit or trespass on it and are liable for accidents caused by the defective or dangerous condition of the premises.
There is a duty of care towards lawful visitors to see that the visitor will be reasonably safe in using the premises for the purposes for which he or she is invited or permitted by the occupier to be there, Occupiers’ Liability Act 1957. The Occupiers Liability Act 1984 extended the duty of care to trespassers. If you have been injured you may be able to bring a claim for compensation. Please contact us today for specialist advice.
The owners or the occupiers of the premises have a duty under the Occupiers Liability Act 1957 to ensure that in all the circumstances of the case lawful visitors to their premises are kept reasonably safe whilst on the premises. If the owner or occupier breaches this duty then it may result in a successful claim against them.
When considering the prospects of a claim against an owner/ occupier we consider many factors including:
- How obvious the danger was
- Was there any warnings in place
- What was the lighting like
- Was there any fencing/barriers in place
- The age of the injured person
- The purpose of the injured persons visit to the premises
- The knowledge of the occupier
Children are likely to be to be less careful than adults. As a result, a higher standard of care is expected from the occupier.
Visitors who are experts such as firemen, window cleaners are still owed a duty of care but they are expected to exercise the skill of an ordinary fireman, window cleaner etc.
The owners or the occupiers of the premises have a duty under the Occupiers Liability Act 1984. An owner/occupier will owe trespassers a duty of care for their safety whilst on their premises only:
- If the owner/occupier is aware of the danger or had reasonable ground to believe one existed;
- If the owner/occupier knew or had reasonable ground to believe that the trespasser was in the vicinity of the danger;
- If the owner/occupier should reasonably be expected to have offered the trespasser some protection against the danger.
To bring a successful Occupiers Liability claim you have to prove that the premises or land where you were visiting were unsafe, that there was a foreseeable risk of injury and that there was a significant risk of injury. We need evidence to support your claim and to help prove it:
- Photographic evidence and measurements of what caused the accident are essential.
- Witnesses to the accident or who can comment on the dangerous state of the premises or land.
- The client must be able to clearly identify the danger or defect which caused their accident and its exact location.
- Establishing the reason for the visit to the premises as a lawful visitor or trespasser.
- You must be able to identify what caused your accident.
- Evidence to establishing who the likely owners/occupiers of the premises are.
Do I have an occupiers liability claim?
To find out whether you have occupiers liability claim please contact Lofthouse Mark now and you will be given a free, confidential, no-obligations consultation with a fully qualified solicitor who will give you an initial assessment of your situation.
To book your free consultation please phone Lofthouse Mark on 01947 881 141, or email Victoria Mark, or use the contact form on the right.