Occupier's Liability Claims

What is Occupier's Liability?

Occupier's liability is the legal responsibility of the occupier of a place of business to take reasonable care to ensure that visitors to the premises are reasonably safe from injury. The occupier may be the owner, tenant, or other person in control of the premises.

Occupier's liability claims can be made if a person has been injured in an accident on someone else's property, such as a slip and fall accident. To succeed in an occupier's liability claim, you must show that the occupier of the property was negligent in some way. For example, if there was a spill on the floor and the occupier did not clean it up or put up a warning sign, they may be liable for your injuries.

There are three main categories of occupier's liability: common law duty of care, statutory duty of care, and vicarious liability. The common law duty of care is the general legal duty to take reasonable care to avoid injuring another person. The statutory duty of care is created by legislation and may impose a higher standard of care than the common law duty. Vicarious liability is where one person is held liable for the negligence of another.

The common law duty of care requires an occupier to take reasonable steps to ensure that visitors are reasonably safe from injury. This includes taking into account the age, physical abilities, and mental state of visitors. The Occupiers Liability Act imposes a higher standard of care on occupiers of premises used for public recreational purposes, such as playgrounds and sports facilities. The Act requires occupiers to take all reasonable precautions to prevent injury to visitors, even if those precautions were not specifically foreseen.

The Occupiers Liability Act imposes a statutory duty of care on occupiers of premises used for business purposes. The Act requires occupiers to take all reasonable steps to ensure that employees and other persons using the premises are reasonably safe from injury. This includes considering the age, physical abilities, and mental state of employees and other persons using the premises.

The common law duty of care, statutory duty of care, and vicarious liability may all apply in cases of occupier's liability. An occupier who fails to take reasonable care to avoid injuring another person may be liable for negligence. An occupier who breaches a statutory duty of care may be liable under the relevant legislation. An employer may be vicariously liable for the negligence of an employee if the employee was acting in the course of their employment.

Do I Have a Claim?

If you've been injured while on someone else's property, you may be wondering if you have a claim. The first step is to determine whether the property owner owed you a duty of care. In general, property owners have a duty to keep their premises safe and free from hazards. This duty applies to both invitees (people who are invited onto the property, such as customers or clients) and licensees (people who are allowed onto the property for their own purposes, such as delivery people). If the property owner knew or should have known about a dangerous condition and failed to fix it or warn visitors about it, they may be liable for any injuries that result.

Another important factor to consider is whether you were contributorily negligent. This means that you were partly responsible for your own injury. For example, if you were injured in a slip and fall accident but were not paying attention and walked into the hazard, you may be found partially at fault. In order for the property owner to be held liable, your contributory negligence must be less than 50%. If it is determined that you were more than 50% at fault, then the property owner will not be held liable for your injuries.

If you think you may have a claim against a property owner, it's critical to speak with an experienced personal injury solicitor, who can help evaluate your case and determine if you have a valid claim.

Contact McEwan Fraser Legal to Make an Occupier's Liability Claim

If you have been injured in an accident on someone else's property, you may be able to make an occupier's liability claim. McEwan Fraser Legal can help you to understand your rights and options and pursue a claim for compensation.

McEwan Fraser Legal works with solicitors who have extensive experience helping people to pursue occupier's liability claims. We will work with you to gather evidence and build a strong case for compensation.