Injured while visiting? How you may be protected by occupier’s liability

Introduction

One of the most important considerations when bringing a claim for a personal injury is to first determine who is liable and how they are liable. This may not be immediately clear at first instance. One way you may be protected is under the Occupiers Act 1957 (The Act). The Act imposes the common duty of care on an Occupier for all their Visitors, to see that they will be reasonable safe while using their premises for its intended purpose.

What does this really mean?

• The Occupier – As established in Wheat v E Lacon & Co Ltd [1966] AC 55 is the person(s) who has sufficient control over the premises, this may not necessarily be the owner.

• The Visitor – Must be a ‘lawful visitor’. This means that the individual is on the premises with either; expressed permission, implied permission or an automatic right to enter.

• Reasonably Safe – This is the standard duty of care, where the occupier must avoid careless acts that could foreseeably harm others. This duty may vary according to the type of visitor. For example, children will be owed a greater level of care, and a protective duty may be owed to vulnerable visitors.

How does this apply in the real world?

This means that any visitor on a premises is protected by a unified duty of care owed to them by the Occupier. When this duty is breached you may have a claim against the Occupier.

For example, claims may be brought under the Act in the following circumstances:

1.  A customer against a business. For example; if a customer was to injure themselves by tripping on uneven flooring in a restaurant; slipping on a wet supermarket floor or falling due to a pothole in a car park.
2. A tenant against a landlord. Even though the tenant may now control a flat. The landlord may still control common areas of the property. For example, if a visitor suffered an injury operating the common lift or falling down the common staircase as a result of a negligently installed/maintained handrail.
3. A guest against a private homeowner. For example, if a house guest suffered laceration from broken/poorly maintained furniture, lacerations and bruises from a dangerously maintained garden or burns from a dangerously maintained BBQ.

Moving forward

It is important to note that an Occupier can discharge this duty if they have; reasonably warned the Visitor of any dangers, complied any applicable statutory requirements or if a Visitor has consented/waived the danger.

However, we wanted to raise awareness that you are owed a duty to be safe when you are visiting any premises. As such, if you find yourself or a loved one injured then a claim under against the Occupier may be made to ensure you get the compensation you are owed.

If you would like further advice, one of our Personal Injury experts here at Hodge Jones & Allen Solicitors for them to guide you in the right direction. Please call 0330 822 3451 or request a call-back.