Occupiers’ liability is the area of law that deals with the responsibility of people and organisations that control premises. If you sustain an injury because premises were not reasonably safe, you may have grounds to make a compensation claim against the occupier responsible.

Whether occupiers’ liability applies depends on who controlled the premises, why you were there, what danger caused the accident and whether the occupier took reasonable care to address the risk. This guide covers the law in England and Wales.

For advice about your circumstances, speak to JMW's occupiers’ liability solicitors.

Could Your Accident Be an Occupiers’ Liability Claim?

An accident on someone else’s premises does not automatically mean the occupier is liable. These five questions can help identify whether occupiers’ liability may be relevant.

1. Did the accident happen on premises controlled by somebody else?

Occupiers’ liability can apply to buildings, land and fixed or mobile structures. The Occupiers’ Liability Act 1957 also extends to structures including a vessel, vehicle or aircraft.

Examples include:

• Shops and other business premises
• Restaurants, pubs and hotels
• Museums and leisure facilities
• Managed parks and other public spaces
• Car parks and access routes
• Temporary structures used at events

Accidents can occur anywhere. The location alone does not establish liability, so seek legal advice if you are unsure whether the law applies.

2. Who controlled the area where the accident happened?

The occupier is not always the legal owner of the property. Control is the key issue. The 1957 Act preserves the common law approach to deciding who is treated as an occupier.

A person, business or authority may be an occupier if they have sufficient control over the premises. More than one occupier can sometimes have control over the same area.

These are examples rather than fixed rules. Case law and common law principles help determine control. A solicitor can investigate which party had responsibility for the relevant area.

3. Were you a lawful visitor?

The Occupiers’ Liability Act 1957 mainly protects lawful visitors. A lawful visitor may have express permission, implied permission or another lawful right to enter or use the premises.

Express permission covers someone specifically invited or permitted to enter. Implied permission can arise where the circumstances show that the occupier accepts the person’s presence. A business that invites people onto its premises for business purposes will usually be permitting them to enter relevant public areas.

The visitor must also remain within the scope of that permission. This can matter where access is limited to a particular area or purpose.

4. Was there a danger the occupier should reasonably have addressed?

A central question in an occupiers’ liability claim is whether the occupier took reasonable care in relation to the danger that caused the accident.

The risk may arise from the dangerous state of the premises or from something done or omitted there. Examples could include:

• A damaged or unsafe walking surface
• Poorly maintained steps, flooring or access routes
• A temporary hazard that has not been appropriately managed
• Unsafe fixtures or structures
• Repair work that creates a risk to visitors
• A danger created during work by an independent contractor
• A hazard where an appropriate warning or access restriction was not provided

The law does not require an occupier to remove every risk. The issue is whether reasonable care was taken in all the circumstances. This can depend on the danger, what the occupier knew and what reasonable steps were available to control the risk and address other hazards.

5. Did the danger cause your injury?

There must be a link between the breach of duty and the injury sustained. In practical terms, a danger on the premises must have led to the accident and caused the injury.

Medical evidence can establish the injury and its extent. Other evidence can show how the accident happened and why the occupier may be liable. A personal injury solicitor can then assess the duty owed, whether it was breached and whether there are reasonable grounds to make a compensation claim.

Does the Same Duty of Care Apply to Every Visitor?

No. The duty owed depends in part on whether the person was a lawful visitor. The Occupiers’ Liability Act 1957 and Occupiers’ Liability Act 1984 deal with different categories of people.

What duty is owed to lawful visitors?

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

This does not make the occupier liable whenever an accident occurs. Liability depends on whether the standard of reasonable care was met in relation to the particular risk.

The 1957 Act can also apply to damage to a lawful visitor’s property. A personal injury claim focuses on the injury and its consequences.

What duty of care is owed to children?

The Occupiers’ Liability Act 1957 requires an occupier to take account of the fact that children may not respond to danger in the same way as adults. This can affect what reasonable care requires.

Relevant circumstances include the nature of the premises, whether the occupier was aware children could be present and what protection could reasonably have been put in place. Legal advice can help establish the care owed if a child is injured.

Does occupiers’ liability apply to trespassers?

It can. The Occupiers’ Liability Act 1984 sets out circumstances in which an occupier may owe a duty to someone who is not a lawful visitor, including a trespasser. This duty is more limited than the common duty owed under the 1957 Act.

Broadly, the duty can arise where:

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

Where these conditions apply, the occupier must take such care as is reasonable in the circumstances to see that the person does not suffer injury because of the danger. The 1984 Act deals with personal injury rather than damage to the trespasser’s property.

What if an Independent Contractor Created the Danger?

An occupier may use an independent contractor for specialist maintenance or repair work. If a danger arises from that work, the occupier is not automatically liable simply because the accident happened on their premises.

Under the Occupiers’ Liability Act 1957, an occupier may avoid responsibility for faulty work by an independent contractor where it was reasonable to entrust the work to that contractor and reasonable steps were taken concerning the contractor’s competence and, where appropriate, whether the work had been properly done.

An independent contractor may also have responsibility for a danger they created. A solicitor can investigate who controlled the premises, who carried out the work and which party may be liable.

Does a Warning Sign Mean You Cannot Make a Claim?

Not necessarily. Under the Occupiers’ Liability Act 1957, a warning does not automatically remove an occupier’s liability. The question is whether it was enough in the circumstances to make the visitor reasonably safe.

A clear warning may sometimes be sufficient. In other circumstances, reasonable care may require access restrictions or repairs. Natural features, obvious risks, proper use of the premises and the visitor’s awareness may also be relevant.

An occupier may seek to restrict or exclude some duties in certain circumstances. However, exclusions involving business liability are subject to legal controls. The Unfair Contract Terms Act 1977 restricts the extent to which liability for negligence can be excluded or limited.

What Does ‘Occupiers’ Liability Insurance’ Mean?

“Occupiers’ liability insurance” is often used informally to describe insurance that may respond to a claim arising from an accident on premises. For a business, this may form part of public liability insurance.

Business.gov.uk explains that public liability insurance can protect a business against claims where a member of the public is injured, or their property is damaged, because of its activities.

Insurance and legal liability are separate. A policy does not decide whether the occupier is liable. That depends on the duty owed, the risk and the circumstances.

What Evidence Can Help With an Occupiers’ Liability Claim?

Evidence can help establish what happened, who controlled the premises, what danger and other hazards existed, and what injury was caused. Useful evidence may include:

• Photographs or video showing the premises and hazard
• An accident report or other record made by the occupier
• CCTV footage, where available
• Names and contact details for witnesses
• Medical records and independent medical evidence
• Documents showing relevant losses and expenses caused by the accident

You do not need every piece of evidence before seeking advice. Our solicitors can identify what is needed and help obtain it. For further information, read our guide to what evidence is needed for a personal injury claim.

How Is Compensation Worked Out?

Compensation in an occupiers’ liability claim is based on the injury and its effects. There is no single amount for this type of accident.

A claim can include general damages for pain, suffering and loss of amenity. It can also include special damages for relevant losses and costs caused by the injury. Depending on the circumstances, these could include lost earnings, treatment or rehabilitation costs, care needs and future losses, if any.

Medical evidence helps assess the injury and prognosis. We also consider the wider impact when calculating the compensation to seek. JMW’s personal injury compensation calculator provides further information about compensation for specific injuries.

How Long Do You Have to Make an Occupiers’ Liability Claim?

For most personal injury claims in England and Wales, the standard time limit for starting court proceedings is three years from the date of the accident, or from the date you first knew your injury was significant and linked to the accident, whichever is later. Different rules can apply in some circumstances, including claims involving children or people who lack mental capacity.

It is sensible to seek legal advice as soon as you can so the relevant date can be established. Our guide to the personal injury claim time limit explains the rules and exceptions in more detail. The main legislation is the Limitation Act 1980.

What Happens if You Think Occupiers’ Liability Applies to Your Accident?

If you think unsafe premises caused your injury:

1. Seek appropriate medical attention
2. Report the accident to the person or organisation responsible for the premises, where appropriate
3. Keep any photographs, documents and witness details available to you
4. Speak to a personal injury solicitor about who controlled the premises and the duty that applied

If we take on your claim, we can investigate the accident, gather evidence, identify the occupier or other party responsible and deal with their insurer or legal representatives.

For a fuller explanation, read our step-by-step guide to claiming for personal injury or explore the lifecycle of a personal injury claim.