What is Occupiers’ Liability?

A company, organisation or individual who occupies a property or premises has a duty of care to the people who visit it. This duty of care is known as ‘occupiers’ liability’.

In this blog, our personal injury lawyers explain what occupiers’ liability is and how to claim if you have suffered an injury because of the defective or dangerous condition of a premises.

Occupiers’ duty of care

Under the Occupiers’ Liability Act 1957, anyone who owns or rents a property, or has sufficient control over the premises, where people can visit, has a duty of care towards lawful visitors to keep them reasonably safe and healthy. There can be more than one occupier of the same premises.

If the occupier is aware of a danger, they must highlight it. For example, if a floor is slippery after being cleaned, there must be a ‘wet floor’ sign to warn visitors.

If an occupier fails in their duty of care and a visitor is injured as a result, they could be subject to a personal injury claim against them.

The law applies to individuals who are permitted to be on the premises, such as customers, visitors, or contractors, but can sometimes extend to trespassers. Under the Occupiers’ Liability Act 1984, occupiers also owe a limited duty of care to trespassers, but usually only when the occupier is aware of a danger. If an occupier is aware of a danger (a wet floor, for example) but does not take steps to make visitors aware and a trespasser is injured, the occupier could still be at fault and subject to a personal injury claim.

Examples of occupiers’ liability claims

If a permitted visitor to a premises makes an occupiers’ liability claim, the court will assess whether the occupier breached their duty of care. If someone sustains an injury in an accident, it doesn’t necessarily mean the occupier was negligent.

Common examples of occupiers’ liability claims include:

• A slip in a supermarket, where the danger was not marked, e.g. a slippery floor due to a spillage.
• Falling rubble from a construction site.
• Accidents caused by inadequate lighting in car parks, stairwells, or other areas.
• A serious cut or wound from a broken ‘edge’ on furniture, for example, a table in a restaurant.
• Broken or missing handrails on stairs or ramps.
• A fall down poorly maintained steps, where there is no sign.

There are numerous factors to consider when making an occupier’s liability claim, beyond the injury itself. These include whether there were any warnings indicating a risk and how well-lit the area was. The age and mobility of the injured party are also considered; allowances should be made for a lack of mobility, for example, or a lack of knowledge or understanding.

Case study | £45,000 for fall at campsite requiring surgery

What premises are covered under occupiers’ liability?

Occupiers’ liability covers land and buildings, but also includes vessels, i.e. boats, vehicles, aircraft and mobile structures such as scaffolding.

Can an occupier discharge their duty?

An occupier can ‘discharge’ their duty by taking reasonable steps to ensure people visiting the premises are kept reasonably safe, including (but not limited to) making people aware of the dangers, i.e. by putting warning signs in place. If an accident happens where the danger was signposted and sufficiently cornered off to warn the visitor, the occupier is unlikely to be found liable for their injuries.

Sometimes, there is no duty to protect a visitor against an obvious risk, however. For example, in Edwards v London Borough of Sutton, the Claimant was pushing his bicycle over an old ornate footbridge owned and occupied by the London Borough of Sutton (the Defendant). He lost his balance, fell over the edge into the water, and sustained a serious spinal injury. During an initial court hearing, the judge found that the Defendant was in breach of the Occupiers Liability Act 1957 as there was no sign warning visitors of the risk. The Claimant, Edwards, was found to be contributorily negligent. However, at the Court of Appeal, the Judge considered the fact that there had not been any prior accidents on the bridge and therefore no duty to display a warning to visitors. They confirmed that generally there is no duty to protect a visitor against an obvious or remote risk.

Do accidents at work fall under occupiers’ liability?

Accidents at work generally fall under employer’s liability, not occupiers’ liability. However, in situations where multiple employers occupy the same premises, or when contractors are used, the concept of shared workplaces and occupiers’ liability becomes relevant.

How to claim for occupiers’ liability

If you have been injured in an accident that took place on property or land owned by someone else, you may be able to claim compensation. Compensation not only covers injuries; it can help fund treatment and rehabilitation and help with financial losses.

For a no-obligation chat with a member of our team, call us on 0117 325 2929. We will take details of what happened and your injuries, and let you know if we can help you.

As part of your claim, we may ask you for evidence; this includes photographs of your injuries and where the accident happened, witness statements and details of your finances to help calculate compensation for financial losses, if applicable.

Contact us about making an occupiers’ liability claim

We understand it can be difficult to know where to start when making a personal injury claim. For an initial conversation with a member of our friendly Personal Injury team, call 0117 325 2929 or fill out our online enquiry form and we will be in touch.