Shop Accident Claims
Going shopping is generally a fun and pleasurable activity during which you would expect to be safe and free from danger. However, shop accidents are…
Read moreOccupiers liability compensation claims
If you are injured in a shop, restaurant, pub or any other public place, you could be entitled to make an occupiers liability claim for injury compensation.
We are a claims management company regulated by the Financial Conduct Authority.
An occupier is an individual, business, or another organisation that controls privately owned premises. They have a legal obligation to ensure that those who visit the premises are safe, and this duty of care even extends to trespassers. Occupiers must conduct risk assessments regularly and eliminate or minimise any hazards as part of their duty.
Any risks found during an assessment must be taken care of promptly. Anyone who has suffered injuries because of a breach of this legal duty is entitled to make an occupiers liability claim.
The following article explains public liability claims, including the types of incidents for which you could claim compensation, the legal obligations of occupiers and the relevant legislation to this area of personal injury law.
To find out if you could make a claim, call 0800 470 0474 or enter your details into our online claim form to request a call back. A personal injury solicitor will be happy to assess your case and answer any questions you have about the claims process.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
The Occupiers Liability Act 1957 (OLA 1957) is the primary law that establishes the duty of care of occupiers towards the general public. It applies to all occupiers of property and places, including homeowners, landlords, councils, land and business owners. This legislation details that all lawful visitors to a property have a legal right to expect a safe environment. That means the law protects all people invited to the premises or with access to the property.
The law also protects unlawful visitors, whether they recognise themselves as trespassing or not. Under this Act, the owners of public buildings and other spaces have several duties, including:
If there has been a breach of duty and you suffered an injury, you might be entitled to occupiers liability compensation.
Occupiers of premises must take reasonable care to ensure all visitors are safe from injuries. The common law duty of care covers all properties such as shops, pubs, restaurants, local authority buildings, playgrounds, offices, and schools. All these can be held accountable for accidents caused by negligence. Under the Occupiers’ Liability Act 1957, any person who sustains an injury in any place that is the occupier’s responsibility may have a claim for compensation.
Your solicitor will need to determine the occupier’s liability to make a successful claim. You must prove that they failed to take the necessary steps to keep you reasonably safe and that this breach of duty has resulted in an injury. The section below offers detailed information about the evidence you could use to support your claim.
Claiming compensation may still be possible if there is a shared liability burden and you are partially at fault for your injuries. In this case, your solicitor will work to reach a split liability agreement. If you make a successful claim, you will receive a reduced compensation award to reflect your part of the blame.
If you were involved in an accident on someone else’s property and want to start a compensation claim, you will need evidence to support your case. This should show how your accident occurred, your injuries, and how they have affected your life. Your lawyer will review any proof you have managed to secure and help you gather any further documentation you may need. These could include:
To find out what else you need to claim for injury compensation, please call 0800 470 0474 today to speak to an expert solicitor.
Occupiers must take necessary measures to ensure that all visitors are reasonably safe in using the premises they are responsible for. If they fail to take reasonable steps to minimise or eliminate risks, this could lead to various accidents for which claims can be made, such as:
If the property occupier has failed to take reasonable steps to keep you safe from injuries, they may be liable for compensation under the Occupiers’ Liability Act 1984 (OLA 1984) and OLA 1957.
Accidents in public can cause a wide range of injuries, from minor to life-changing or even fatal. Some of the most common injuries include:
Property occupiers must take reasonable measures to protect you from accidents and injuries. If they have failed in this duty and you were injured as a result, you might be entitled to compensation. The value of your claim will depend on the type and severity of your injuries.
The law acknowledges that children will be less careful and less able to recognise potential risks when compared to adults. As a result, children cannot be expected to act with the same level of caution. Thus, they are at a greater risk of sustaining an injury in all places.
With this in mind, occupiers of premises welcoming children must have a higher level of responsibility. They must take appropriate measures to recognise and address the additional hazards presented to kids.
If your child suffered an injury due to someone else’s negligence, you can claim occupiers liability compensation on their behalf. To do this, you must apply to the court to be named as their litigation friend. Once the court appoints you, you can start a claim for your child.
Your duties as a litigation friend include the following:
If you secure compensation for your child, a judge must approve the amount during an Infant Approval Hearing. The funds awarded will be kept in a court bank account or a personal injury trust until the child turns 18. In the case of a low value personal injury claim, the judge may release the compensation directly to the parents.
As set out in the legislation, the protection of the law extends to trespassers who sustain an injury whilst on the premises of the occupier. Unlawful visitors may also be entitled to compensation whether they recognise that they are trespassing or not. If they suffer an injury because the property was not maintained to an acceptable level of safety, the owner may be liable for their harm.
For a trespasser’s claim to be successful, the claimant must prove that the occupier:
A legal adviser could let you know whether you are entitled to compensation if you suffered an injury trespassing.
Each claim is different, and the compensation awarded will depend upon the circumstances of the case. Your personal injury lawyer will consider everything you have been through to ensure you are fully compensated. Two types of damages will determine the value of your claim:
General damages refer to compensation for your injuries and how they have affected your life and may include:
General damages are harder to calculate because they involve subjective factors. They are based on historical cases and the guidelines from the Judicial College. You can refer to our online compensation calculator for some examples of general damages for different types of injuries.
Special damages cover the financial losses you incurred as a result of the accident, such as:
Special damages are calculated based on documentation such as medical bills, payslips, invoices and receipts.
The usual time limit for starting an occupiers liability compensation claim is three years from the accident date. This time limit is set out by the Limitation Act 1980. If you miss the deadline, your case will typically be statute-barred and no longer valid. As such, we encourage you to seek legal advice as quickly as possible following the injury. That will help your solicitor gather evidence and meet the time restrictions.
If the injuries sustained in the accident are not immediately apparent, the three-year time limit begins from the date of knowledge. This date refers to when you became aware of your injuries and their cause.
Several exceptions may apply to your case, such as:
If a property owner has failed in their duty to protect you and you were injured in an accident, you may be eligible for compensation. If you have a valid occupiers liability claim, you will get legal representation on a no win no fee* basis. That means there are no upfront charges, and you will not have to pay anything to your solicitor if your case fails. They only get a success fee, which can be a maximum of 25% of your settlement, if you receive compensation.
As part of your agreement, you will also have After the Event (ATE) insurance covering all your legal costs if your claim is unsuccessful. The ATE will cover all the expenses and disbursements incurred during the claims process, such as:
To start a claim today or get legal advice, please do not hesitate to call free on 0800 470 0474 to speak to a personal injury lawyer. Or you can use our contact form to request a call back.