If you have been injured while visiting a public or commercial premises, you may be entitled to claim compensation.
Occupiers’ liability law places a duty on those responsible for premises to take reasonable steps to keep visitors safe. When this duty is breached, and an accident occurs, the consequences can be significant and disruptive to your everyday life.
At Bird & Co, our experienced personal injury solicitors provide clear, practical advice and supportive guidance, helping you understand your rights and pursue an occupiers’ liability compensation claim.
For a free, no obligation initial consultation, speak to one of our occupiers’ liability solicitors today by calling 01476 591711 or use the contact form on the right and we will get back to you promptly.
Have a question about personal injury claims? Take a look at our FAQs or check out our personal injury blog.
What is Occupiers’ Liability?
Occupiers’ liability is the responsibility of those who own, control or manage premises to keep people reasonably safe while they are there.
In plain terms, if you are injured because a property was unsafe and the person responsible failed to take sensible precautions, you may be entitled to compensation.
Premises can include shops, supermarkets, restaurants, pubs, gyms, hotels and other public or commercial spaces.
The duty is not to guarantee absolute safety, but to take reasonable steps to prevent foreseeable harm to visitors using the premises in a normal way.
The Occupiers’ Liability Acts 1957 and 1984
Occupiers’ liability claims are primarily governed by two key pieces of legislation. The Occupiers Liability Act 1957 applies to lawful visitors, such as customers, guests or members of the public invited onto premises. It sets out the duty to take reasonable care to ensure visitors’ safety.
The Occupiers’ Liability Act 1984 extends more limited protection to people who may not have permission to be there, such as trespassers. This includes a duty to avoid reckless disregard for safety, particularly where risks are known and foreseeable.
Who Can Make an Occupiers’ Liability Claim?
You may be able to make an occupiers’ liability claim if you were injured while visiting premises managed by someone else and the injury was not your fault.
This commonly includes shop, supermarket, hotel, restaurant, gym, or leisure facility claims.
In certain circumstances, trespassers may also be able to claim, especially children, where a hazard was obvious and reasonable steps could have been taken to prevent harm. Each case depends on the specific facts and circumstances involved.
Common Types of Occupiers’ Liability Claims
Occupiers’ liability claims arise from a wide range of everyday accidents. Common examples include slip and fall claims caused by spillages or uneven flooring in shops and supermarkets, injuries from faulty equipment in gyms, accidents in pubs or restaurants due to poor maintenance, and incidents in hotels or leisure centres involving unsafe facilities.
Trip and fall claims may also arise from inadequate lighting, broken handrails, wet floors without warning signs, or general failure to maintain safe premises. If an avoidable hazard caused your injury, you may have grounds to claim.
What You Need to Prove for a Successful Claim
To succeed with an occupiers’ liability claim, three key elements must usually be established.
First, that the occupier owed you a duty of care at the time of the accident. Second, that they breached this duty by failing to take reasonable steps to keep the premises safe. Finally, you must show that this breach directly caused your injury and resulting losses.
Evidence is crucial, and each case is assessed on whether the risk was foreseeable and whether reasonable precautions should have been taken.
Evidence You Should Gather
Strong evidence can make a significant difference to an occupiers’ liability claim. If possible, take photographs of the accident scene and the hazard that caused your injury before it is repaired or removed.
Obtain the names and contact details of any witnesses and ensure the incident is reported to the premises’ management or recorded in an accident book.
Keep copies of medical records, appointment letters and receipts for any expenses incurred. This practical information helps build a clear picture of what happened and why.
How Much Compensation Could You Receive?
The amount of compensation for a slip and fall claim varies depending on the severity of the injury and its impact on your life. Compensation typically covers pain, suffering and loss of amenity, as well as financial losses known as special damages.
These may include loss of earnings, medical treatment costs, travel expenses and care or assistance required during recovery.
Every claim is assessed individually, and we will provide clear advice on what you may be able to recover based on your specific circumstances.
Time Limits for Making a Claim
Occupiers’ liability claims are subject to strict time limits. In most cases, you have three years from the date of the accident, or from the date you became aware of your injury, to start a claim.
Different rules apply for children, where the three-year period usually runs from their 18th birthday. Time limits may also be extended for individuals who lack mental capacity.
As deadlines can be complex, it is important to seek legal advice as soon as possible to protect your position.
How Bird & Co Can Help with Your Occupiers’ Liability Claim
At Bird & Co, our experienced personal injury solicitors provide clear, supportive advice at every stage of an occupiers’ liability claim. We take the time to understand how your injury has affected you and explain the legal process in plain English.
From gathering evidence and dealing with insurers to negotiating a fair settlement, we handle the practical and legal complexities on your behalf. Our focus is on achieving the best possible outcome while making the process as straightforward and stress-free as possible.
For a free, no obligation initial consultation, speak to one of our occupiers’ liability solicitors today by calling 01476 591711 or use the contact form on the right and we will get back to you promptly.
Frequently asked questions about occupiers’ liability claims
What is the difference between occupiers’ liability and public liability?
Occupiers’ liability is a specific area of personal injury law that applies when someone is injured on premises managed by another person or organisation.
It focuses on whether the occupier met their legal duty to keep visitors reasonably safe.
Public liability, by contrast, usually refers to an insurance policy that businesses hold to cover claims made by members of the public.
While public liability insurance may fund a claim, occupiers’ liability determines whether legal responsibility exists.
Can I claim if I was partly at fault for my accident?
Yes, it is often still possible to make a claim even if you were partly responsible for your accident.
This situation is known as contributory negligence. If your actions contributed to what happened, any compensation awarded may be reduced to reflect this.
However, being partly at fault does not automatically prevent you from bringing a claim, and each case is assessed on its own facts.
What if the premises were rented – who do I claim against?
If the premises were rented, a claim will usually be made against whoever had control over the area where the accident occurred.
This could be the property owner, a tenant, a landlord, or a managing agent. Liability depends on who was responsible for maintenance, repairs, and safety at the relevant time, which can be clarified during the claims process.
Do I need to pay upfront for legal fees?
In most occupiers’ liability claims, you will not need to pay legal fees upfront. Bird & Co usually handles personal injury cases under a no win, no fee agreement.
This means there are no initial costs to begin your claim. We will explain funding arrangements clearly at the start of your case, so you can make an informed decision without financial uncertainty.
How long will my occupiers’ liability claim take?
The time it takes to resolve an occupiers’ liability claim varies depending on the circumstances.
Straightforward claims where liability is admitted and injuries are minor, may settle within a few months.
More complex cases, particularly those involving serious injuries or disputed responsibility, can take longer. We aim to progress your claim efficiently while ensuring it is handled thoroughly.
What if there were no warning signs about a hazard?
If there were no warning signs in place, this could strengthen your occupiers’ liability claim.
Those responsible for premises have a duty to take reasonable steps to protect visitors from known or foreseeable hazards.
This often includes providing clear warnings or barriers. A failure to do so may indicate that the occupier did not meet their legal duty of care.
Contact our occupiers’ liability lawyers
Speak to one of our occupiers’ liability lawyers in Grantham, Newark or Lincoln today by calling 01476 591711 or use the contact form at the top of the page to ask a question.
For full details of our team, please look at the "Our People" section of the website.