Occupiers' Liability: Who is liable and when?

What is the Occupier's Liability?  

Occupier's liability is a duty of care an occupier legally owes visitors on their premises. It means that the occupier must:

• take reasonable care
• ensure their votes are reasonably safe
• where they allow them to be on the premises 

An occupier must do this for all visitors that they welcome on their premises, rather than it applying to some or differently between them. However, if children are present, the law says that the occupier has a higher level of care towards them, as children are less able to keep themselves safe than others. This means that occupiers must ensure they do more to ensure they are kept as safe as adult visitors. Also, where the visitor is aware of the danger posed, the occupier must alert them to it.

A visitor is someone who is allowed to be present on the premises. This can be because they have:

• a legal right
• been given express permission, which means that someone has clearly said they can be there
• have implied permission, which means it is known they are allowed so they do not need to specifically be told

A similar duty of occupiers liability is also due to those who trespass on privately owned land where the occupier must make sure they are aware of dangers that could cause an injury.  

Who does it apply to?

Occupiers' liability applies to an occupier of a premises. They have a duty of care towards their visitors on the premises. Although the law does not define exactly what is meant by ‘occupier' in this context, it is generally accepted that what is meant by the occupier in terms of occupiers' liability is as follows:

• a person who has an element of control over the premises 
• where in doing so, does not need to be in actual occupation of the premises
• who could have stopped the accidental injury from occurring

Landlords 

Landlords can be liable under occupiers' liability for those visiting the property they own. For example, where they show prospective tenants around for a property viewing. 

Homeowners

Occupiers' liability also applies to homeowners as occupiers of private premises. It doesn't matter if they privately own the home or rent it, they still have a duty of care to those who visit their home.  

Councils 

Your local council can also be liable under occupiers' liability for an accident that happens to you. For example, if you slip in a council-owned car park, which they should have gritted and cleared, they may be liable. 

Land Owners 

Where someone owns land and allows visitors on it, they are liable under occupiers liability where those visiting have accidents or an injury occurs, which could have been prevented. This applies regardless of whether the occupier is an individual or a business. 

Business Owners

Business owners may have occupiers' liability. For example, in a shopping centre, if you visit a shop, the owner of the shop has a legal duty to ensure you are safe whilst on their premises. 

Examples of when Occupier's Liability applies?

There are many examples of when occupiers' liability applies. For example, if you are a visitor on a private premises or land and the following occur:

• slipping on a spillage
• tripping up on uneven floors
• an injury due to structural damage in a premise
• machinery that is not working correctly such as a lift in a private building

Which premises are covered by Occupiers Liability?

You might expect the occupier's liability to simply apply to land and buildings. However, this is not the case. Occupier's liability can also apply in other situations such as:

• onboard vessels
• in vehicles
• on aircraft
• On mobile structures which can include ladders and scaffolding

Think you could be entitled to make a claim?

You may be entitled to make a compensation claim for an injury or accident on premises where it is possible that the occupier may be liable. If so, you can make an occupier's liability claim through National Accident Helpline. There are many different reasons that you may be able to make an occupiers' liability personal injury claim. For example, if you fall over in a supermarket or trip up on a local pavement. If you suffer an injury or accident on a premises which may be the occupier's fault, you can make a compensation claim.

At National Accident Helpline, we offer you free and independent advice on whether you can make a personal injury compensation claim.  We even let you make your occupier's liability claim on a no-win no fee claim so on a risk-free basis.  And if the accident or injury occurred to your child, as the parent or guardian you can claim on their behalf.

To find out the potential compensation amount you could claim, go online and use our compensation calculator.  Call National Accident Helpline today on . If it's easier, why not request a call back here or even start your claim online.