In the UK, occupiers of commercial premises have a legal duty to ensure the safety of visitors. Understanding who is liable for injuries on these premises is crucial for both business owners and visitors.
What Is Occupiers’ Liability?
Occupiers’ liability refers to the legal responsibility of those who control premises to ensure that visitors are reasonably safe while on their property. This duty is outlined in the Occupiers’ Liability Act 1957, which states that an occupier must take reasonable care to ensure that visitors will be reasonably safe in using the premises for the purpose for which they are invited or permitted to be there.
Who Is Considered an Occupier?
An occupier is anyone who has control over the premises. This includes property owners, tenants, or anyone else who has sufficient control over the property. In commercial settings, this could be a business owner, a company, or an individual who leases the property.
Duty of Care on Commercial Premises
On commercial premises, the occupier’s duty of care extends to all visitors, including customers, clients, and contractors. The occupier must:
- Ensure the premises are safe: This includes maintaining the building, equipment, and any other facilities to prevent accidents.
- Warn of potential hazards: If there are any dangers that visitors might not be aware of, the occupier must provide adequate warnings.
- Take reasonable steps to prevent accidents: This involves regular inspections and prompt repairs to address any identified risks.
Common Causes of Injuries on Commercial Premises
Injuries on commercial premises can result from various factors, including:
- Slips, trips, and falls: Often due to wet floors, uneven surfaces, or obstacles.
- Faulty equipment: Malfunctioning machinery or equipment that causes harm.
- Poorly maintained facilities: Such as broken stairs, inadequate lighting, or defective fire exits.
Liability in Specific Scenarios
- Contractors and Subcontractors: If a contractor is working on the premises and an injury occurs due to their negligence, they may be held liable. However, the occupier still has a duty to ensure that contractors are competent and that the work is carried out safely.
- Trespassers: The Occupiers’ Liability Act 1984 outlines the duty owed to trespassers, which is less than that owed to lawful visitors. However, occupiers must still avoid causing deliberate harm or injury.
Making a Claim for Injuries on Commercial Premises
If you have been injured on commercial premises, you may be entitled to compensation. To pursue a claim, consider the following steps:
- Seek Medical Attention: Prioritise your health by obtaining prompt medical care.
- Report the Incident: Inform the occupier or their representative about the injury as soon as possible.
- Gather Evidence: Document the scene, take photographs, and collect contact details of any witnesses.
- Consult a Solicitor: Seek legal advice to understand your rights and the viability of your claim.
How National Claims Can Assist You
Navigating occupiers’ liability claims can be complex. National Claims can connect you with experienced solicitors who specialise in personal injury cases. They will:
- Assess Your Claim: Determine the strength of your case and potential compensation.
- Handle Legal Proceedings: Manage all aspects of the claim, including negotiations and court proceedings.
- Provide Support: Offer guidance and support throughout the process to ensure your well-being.
Call Us now at National Claims
Conclusion
Understanding occupiers’ liability is essential for both visitors and those who control commercial premises. If you have been injured due to negligence, seeking legal advice promptly can help you secure the compensation you deserve.
We’re proud of our excellent customer reviews
We thrive on delivering exceptional service and ensuring our clients’ satisfaction. Don’t just take our word for it. Check out some of our independent reviews to see what our clients have to say.
Excellent
This firm is excellent, they sorted out my car pay out and injury claim very fast, they always communicate with you all the time.
My accident case was dealt with confidence and with great result of the outcome, especially James kept me informed all the time.
I was very impressed at the way my inquiry was treated. I was listened to attentively and everything I needed to know was explained to me.
