Occupiers Liability: What Is It?
If you’re making a claim for an accident you’ve had, you might hear the term occupiers liability mentioned. It’s a legal term that you don’t usually hear too often in normal life.
It refers to a specific piece of legislation that sets out the law around who’s responsible when an accident happens in a premises managed by the occupier.
We put together this guide to help explain what occupiers liability is.
What is occupiers liability?
Anyone – whether they’re a company or an individual – who occupies a property has a duty of care to the people who visit. They must keep it safe for anyone who visits. It means that the occupier of the property could be liable for any accident that happens there.
If there is a danger on the premises – either inside or outside – the occupier must warn visitors of the hazards. Although an occupier doesn’t have a legal responsibility to keep trespassers safe, they should make sure these kinds of visitors are made aware of any dangers.
This could include putting up a warning sign if there are any intruder prevention measures in place, like razor wire. But there are separate legal issues around this so it could be worth checking with the police.
If children visit, the occupier will have to take extra steps to manage their safety.
You have the right to be safe wherever you choose to spend your time. If your safety is compromised by those who were supposed to ensure it, you could have the right to pursue legal action against them.
Occupiers liability claims
In the case of a personal injury claim, occupiers liability comes into play after accidents in places such as supermarkets or shopping centres, restaurants, gyms or other private premises. The occupier of the building is responsible for the safety of the people who visit it.
You might also hear about public liability – a similar concept applying to public places usually managed by local authorities, like parks.
Although your employer is usually considered the occupier of your workplace, if you have an accident at work, this is usually not covered by occupiers liability. This would fall under employers liability.
Making an occupiers liability claim
If you’ve had an accident in a place managed by a private resident or business in the last three years, you could be able to make an occupiers liability claim. First4Lawyers has the experience and the knowledge to help you do it.
To start your claim, just give us a call or start your claim online and we’ll get back to you. We’ll take some details about your accident and let you know whether you have a claim. If you do, we’ll match you to a specialist solicitor, who will then take over your case.
They’ll tell you how strong they think your claim is and whether they can take it on. If they you’re your solicitor will then talk you through the process, including how long it might take, how much compensation you could claim and their No Win No Fee agreement.
To find out more about how we could help, just get in touch.
Only pay a fee if you receive compensation
Our No Win No Fee solicitors will take a success fee from the compensation you are awarded for a successful claim in the form of a percentage of your damages. This could be up to 25% but it won't be more than that, except in cases of road traffic accidents. Changing laws mean our solicitors will now take a payment of 35% of the final compensation amount plus VAT for all road traffic accident claims.
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