For the purposes of the Occupiers Liability Act 1957, an occupier is a person (or 'persons') who wields sufficient control over the premises to be responsible for rectifying any defects in the property that they are aware of or ought to be aware of. Note that we refer to 'person or persons'. There may be several occupiers of a premises, either permanently or temporarily. An example of temporary occupancy of premises could be when a firm of building contractors is hired to carry out renovations or other building work on the premises. During the time the contractors are carrying out work at the premises, they are likely to be a 'person' exercising sufficient control over the premises to be considered an 'occupier'. So, the owner of the premises is not always the sole occupier, and, in some cases, the owner may not be considered an occupier. For instance, when premises are leased, the tenancy agreement may stipulate that the tenant becomes responsible for the repair and maintenance of the premises. In such cases, the tenant could become the sole 'occupier' during the duration of the tenancy. It will depend on the precise terms of the tenancy agreement. Companies, local authorities, or other public bodies and organisations responsible for the upkeep of premises may be occupiers, either solely or in conjunction with others, which may or may not include the owner. Note : As you will have gathered from the above section, finding out the identity of an occupier of premises where an accident occurred due to property defects is not always straightforward. An experienced firm of personal injury solicitors used to handling Occupiers liability Claims will be able to advise you against whom the claim should be brought.

If you have been injured after slipping on ice, you may be entitled to compensation if you can prove someone else was to blame. Ice carries an inherent risk of injury from a slip, trip or fall . To succeed in a personal injury claim for an accident involving ice, you must prove that your accident would not have happened if another person had acted as they were obliged to by law. Doing this can be an uphill struggle. For example, local authorities have a duty to ensure pavements are safe to use. However, this duty is not absolute. It would be impractical to expect them to keep every road within their area entirely free from snow and ice. So, unless exceptional circumstances exist, any claim against a local authority will likely fail. Proving liability can be similarly tricky if the accident occurred on private land. Say, for example, you slipped on ice in a supermarket car park. To claim against the supermarket, you would need to prove there was a clear risk of injury that the supermarket should have taken steps to mitigate. Whilst ice clearly poses a risk, the supermarket cannot be expected to keep their car park consistently ice and snow free. Proving third-party liability for slipping on ice is often more straightforward when the accident happened at work . Your employer owes you a duty of care to ensure your workplace is safe, which includes anywhere you visit as part of your employment. When conditions are icy, this can involve gritting entrances, car parks and walkways, erecting warning signs and providing appropriate footwear. If your employer fails to take all reasonable measures, and you are injured as a result, you may be entitled to compensation.

FAQs Archive

Does an occupier have any defences to Occupiers Liability claims?

There are defences to Occupiers Liability Claims, and these are: Volenti non fit injuria – loosely translated from Latin- means the person making a claim consented to the risk of injury suffered. This may cover a case where a lawful visitor to the occupier's premises decides to undertake an activity ...

By Webmaster|2024-05-16T14:04:25+01:00May 16th, 2024|Occupiers Liability Claims|

What are the rules relating to trespassers and occupiers liability?

A trespasser is someone who: Has no legal right to be on the premises Has not been invited to the premises Has no implied permission to be on the premises – such as the person who stays behind after a shopping centre closes. In the example provided, the person strayed ...

By Webmaster|2024-05-16T14:03:36+01:00May 16th, 2024|Occupiers Liability Claims|

What are some examples of accidents that could lead to an Occupiers Liability Claim?

Slip and fall accidents occur when a lawful visitor to the occupiers premises slips and falls due to a slippery floor, uneven flooring, loose mats or rugs, dusty surfaces, or icy floors. Accidents of this type can happen indoors or outdoors. Liability will attach to the occupier if they are ...

By Webmaster|2024-05-16T14:02:58+01:00May 16th, 2024|Occupiers Liability Claims|

Who is a lawful visitor to the premises?

To be a 'lawful visitor' to the premises, you must be able to show that you have: Actual permission – i.e. you were specifically invited to be on the premises. An example would be if you had a pre-arranged business appointment at the premises. Implied permission – this definition can ...

By Webmaster|2024-05-16T14:02:18+01:00May 16th, 2024|Occupiers Liability Claims|

What do we mean by premises?

The definition of the word 'premises' for the purposes of bringing an Occupiers Liability Claim is a broad one. It includes land, buildings, vessels, vehicles and aircraft. (Occupiers Liability Act 1957, section 1(2).

By Webmaster|2024-05-16T14:01:28+01:00May 16th, 2024|Occupiers Liability Claims|

What is an occupier?

For the purposes of the Occupiers Liability Act 1957, an occupier is a person (or 'persons') who wields sufficient control over the premises to be responsible for rectifying any defects in the property that they are aware of or ought to be aware of. Note that we refer to 'person ...

By Webmaster|2024-05-16T13:59:53+01:00May 16th, 2024|Occupiers Liability Claims|

A farmer’s animals injured me

If you have been injured by a farmer’s animal, you may be entitled to compensation. Whilst the majority of farm animal attack victims are farmworkers themselves, farm animals – most notably cows – have been known to attack members of the public on occasion, with dog walkers reportedly at greatest ...

By Webmaster|2024-02-16T12:45:25+00:00February 16th, 2024|Accident Advice Centre|

I tripped on the ice

If you have been injured after slipping on ice, you may be entitled to compensation if you can prove someone else was to blame. Ice carries an inherent risk of injury from a slip, trip or fall. To succeed in a personal injury claim for an accident involving ice, you ...

By Webmaster|2024-02-16T12:43:44+00:00February 16th, 2024|Accident Advice Centre|

I had an accident caused by faulty traffic lights

If you have been injured in a road traffic accident caused by faulty traffic lights through no fault of your own, you may be entitled to compensation. There are two common situations in which road traffic accidents occur at road junctions or other stretches of road governed by faulty traffic ...

By Webmaster|2024-02-08T14:33:09+00:00February 8th, 2024|Accident Advice Centre|

I fell from a ladder at work

If you have fallen from a ladder at work and your employer was fully or even partly to blame, there’s a good chance you are entitled to claim compensation. Employers are legally obliged to keep you safe at work, including taking all reasonable precautions against you having an accident. Working ...

By Webmaster|2024-02-08T14:32:18+00:00February 8th, 2024|Accident Advice Centre|