When you visit a public place like a shop, park or restaurant, or even a private property for business purposes, you expect a certain level of safety. The area of law that governs this is known as occupiers’ liability. It sets out the legal responsibility that those in control of premises have to protect the wellbeing of people who enter.

If an occupier fails in this duty of care and someone sustains an injury as a result, they may be able to make an occupiers’ liability claim for compensation. Understanding the basic principles of occupiers' liability is key to knowing your rights if an accident happens on someone else's property, and we are here to make the process clear and straightforward.

At JMW, our personal injury solicitors have extensive experience in handling occupiers’ liability claims. In this guide, we will explain the basics of this duty, to help you understand when you might be eligible to make a compensation claim.

Occupiers Liability: Who Is Liable, and When?

What is occupiers' liability?

Occupiers' liability is a specific branch of personal injury and negligence law. It establishes the duty of care an ‘occupier’ of a ‘premises’ owes to their visitors to keep them reasonably safe from harm. The primary goal of occupiers’ liability law is to ensure that those who control a property take safety seriously.

The law in this area is mainly governed by two important statutes:

• The Occupiers’ Liability Act 1957 - This outlines the duty of care owed to lawful visitors.
• The Occupiers’ Liability Act 1984 - This deals with the more limited duty owed to non-visitors, such as trespassers.

If an occupier fails to meet the standard of reasonable care required by law and an injury occurs, they may be held legally liable.

Who is considered an 'occupier'?

One of the most crucial aspects of occupiers’ liability is understanding who is legally considered an "occupier" under law. The term does not simply refer to the legal property owner. Instead, an occupier is any person or organisation deemed to have a particular degree of control over the premises. Liability depends on who had sufficient control over the specific area where the accident occurred.

This means there can be more than one occupier for the same premises. For example, in a rented retail unit, both the landlord and the tenant business could be considered an occupier, each with different responsibilities for the building's safety. The key legal test is who has "occupational control", not who has their name on the deeds. A central part of any claim is determining who is liable based on who had control of the premises.

What do 'premises' include?

The definition of "premises" under the Occupiers' Liability Act is very broad. It covers more than just land and buildings. The law defines premises as any fixed or movable structure, including:

• Land, yards and car parks
• Buildings such as shops, offices and factories
• Vessels, vehicles and aircraft
• Mobile structures like scaffolding, ladders and lifts

This wide definition ensures that the principles of occupiers’ liability apply to a vast range of environments where an accident and injury could happen.

What Is the Duty of Care Owed by an Occupier?

The level of duty an occupier owes depends on whether the person on their premises is a lawful visitor or a non-visitor. The law makes a clear distinction between the two, which directly impacts the occupier’s legal responsibility and the potential to make a claim.

Lawful visitors (Occupiers’ Liability Act 1957)

A lawful visitor is someone who has express permission or implied permission to be on the premises. This includes shoppers, guests invited for business purposes, or members of the public in a park.

Under the Occupiers’ Liability Act 1957, an occupier owes all lawful visitors a "common duty of care". This means the occupier must take such care as is reasonable in all the circumstances to see that the visitor will be reasonably safe in using the premises for the purpose for which they are invited or permitted to be there.

This does not mean the premises must be perfectly safe. The common law duty is to take reasonable care, not to eliminate every possible risk. Furthermore, the occupier has a greater duty of care towards children, who are expected to be less aware of potential dangers than adults.

Trespassers and non-visitors (Occupiers’ Liability Act 1984)

The duty of care owed to non-visitors (most commonly trespassers) is more limited. This duty is governed by the Occupiers’ Liability Act 1984. A reasonable occupier only owes a duty to a non-visitor if three conditions are met:

1. The occupier is aware of a danger on the premises or has reasonable grounds to believe it exists.
2. The occupier knows or has reasonable grounds to believe that a person may come into the vicinity of that danger.
3. The risk is one against which, in all the circumstances, the occupier may reasonably be expected to offer some protection.

If these conditions are met, the occupier’s duty is to take such care as is appropriate in the circumstances to prevent injury. Unlike the 1957 Act, a claim under the Occupiers’ Liability Act 1984 is for personal injury only - damage to property cannot be claimed.

Common Examples of Occupiers' Liability Claims

These types of claims can arise from a wide variety of accidents. Common examples where an occupier may have failed in their duty of care include:

• Slips and trips: A shopper slipping on a wet floor in a supermarket where no warning signs were displayed.
• Falls: A visitor falling on a poorly lit staircase or due to broken steps or missing handrails in a public building.
• Defective premises: An injury caused by falling objects from poorly maintained shelves in a warehouse or shop.
• Poor maintenance: A person tripping on a broken paving slab or pothole in a privately-owned car park.

In each of these scenarios, a case could be made that the occupier failed to take reasonable steps to prevent a foreseeable risk of injury. These common examples demonstrate the importance of an occupier’s duty.

Occupiers’ liability can also apply to organised events held on premises. For example, JMW represented a woman who sustained serious eye injuries after debris from a firework display at a local pub entered her eye. Medical assessment confirmed long-term damage to her vision, including permanent scarring to the retina and ongoing visual disturbance.

The claim was brought against the pub under occupiers’ liability, and their insurers accepted responsibility for the accident. Following negotiations and the preparation of medical evidence, the case concluded with a compensation settlement of £23,000.

You can read more about this case by reading our complete case study.

When Might an Occupier Not Be Liable?

An occupier is not automatically liable every time an accident occurs on their property. There are several circumstances where a court might find that the occupier did not breach their duty.

• Adequate warnings: An occupier can often discharge their duty by providing clear and sufficient warning signs of a potential danger. A sign that says "Caution: Wet Floor" can be enough to fulfil the duty of care.
• Obvious risks: The law does not require an occupier to warn visitors against obvious dangers. For example, there is no duty to warn someone not to jump from a height.
• Independent contractors: If an injury occurred due to negligent work carried out by an independent contractor (such as an electrician or builder), the occupier may not be liable if they acted reasonably in entrusting the work to the independent contractor and were satisfied that the contractor was competent.
• Contributory negligence: If the injured person’s own actions contributed to the accident, any compensation award may be reduced. This is known as contributory negligence. For instance, if the claimant was running in an area where they were told to walk, they may be found to be contributorily negligent.

How to Make an Occupiers’ Liability Claim

If you have sustained an injury on someone else's property and believe the occupier was at fault, you may have a valid claim for compensation. To support your case, it is important to take the following steps:

1. Seek medical attention: Your health should always be your first priority. A medical report will also serve as important evidence of the injury you sustained.
2. Report the accident: Inform the occupier or the person in charge of the premises about the accident as soon as possible. Ensure an official record is made in an accident book if one is available.
3. Gather evidence: If possible, take photographs of the exact location where the accident happened, clearly showing the hazard that caused your injury (e.g., the wet floor, broken step, or pothole).
4. Get witness details: If anyone saw the accident, ask for their names and contact information. Witness statements can be vital when making a claim.
5. Keep records: Keep a record of all financial losses resulting from the injury, such as lost earnings, travel expenses for medical appointments, and prescription costs.

For an accident that occurs in England and Wales, you generally have three years from the date the accident occurred to begin legal proceedings. It is always advisable to seek legal advice as soon as you feel able to.

To learn more, take a look at our guide to the lifecycle of a claim, or our explanation of thetime limits involved in making a personal injury claim.