Occupiers Liability

Occupiers Liability for injury caused on their premises - can I claim?

Occupiers liability Act 1957 deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises.

Occupier's liability is concerned with injury caused by the state or condition of premises or things done during the occupation of such premises. It applies to land and buildings but also to fixed and moveable structures including any vessel, vehicle or aircraft.

The occupier is any person who has a sufficient degree of control over premises. i.e. shopkeeper, business person, farmer, homeowner etc.

Shopkeepers owe a duty of care to all their customers. They need to ensure their customers are safe while they make purchases.

If there is a hazard in the supermarket, the shopkeepers (occupiers) will need to take reasonable care and precautions to ensure that a customer is safe in using the premises. For example, if there is a water spillage on the floor, the shopkeeper needs to cordon the area and clean the spillage making sure no one will slip.

An occupier may expect that a person, in the exercise of his work will appreciate and guard against any special risks. An occupier must be prepared for children to be less careful than adults. Therefore if an occupier admits children to the premises the visitor must be safe.

Most of the accidents in a supermarket often occur as a result of food or liquid being spilt on the floor. If a customer slips due to the liquid spillage the occupier may be liable for the injury that they have caused to the customer.

Shops and supermarkets need to make sure their customer is reasonably safe. They are expected to carry out regular inspections, risk assessments and clean or take precautions to avoid any hazard that it is found.

If you suffer an injury we as Charles Gregory Solicitors would recommend the following steps be taken:

  • Report the accident to the manager of the premises and make sure they record the accident and the injuries you have sustained.
  • Take the details down of the person who you spoke to, or made the complaint to, and make a note of the date and time of the conversation.
  • Take pictures of the defect/spillage or anything that caused your injury.
  • Look around to see if there were any warning signs ( photograph these if possible)
  • Look for a witness, ask if anyone has witnessed your accident ( take the name ,address , telephone number of the witness)

What we did for one of our client's:

A client who suffered injuries in a supermarket asked for Charles Gregory Solicitors help. We represented her and assisted in collecting evidence and presented it to the opponent's representative and valued her claim and we then successfully negotiated it. Our client was delighted to receive £4895.00 compensation for her injury claim.