If you've been injured in a public place, such as a shop or supermarket, you could be entitled to compensation by making an occupiers' liability claim.
We are a trusted claims management company helping people make personal injury claims for over 15 years.
Occupiers Liability Claims
If you or a loved one has suffered an injury on private or public premises that wasn’t your fault, you might be eligible for compensation. An occupiers liability claim will reflect the pain and suffering caused by your accident and cover any related financial losses, such as lost wages or medical costs.
Common injuries seen in occupier liability claims include broken bones, sprains, lacerations, burns and head injuries. These injuries may result from slips, trips and falls, falling objects, electric shocks, exposure to toxic substances and many other types of negligence.
Call 0800 470 0472 today or use our contact form to request a call back. An experienced legal adviser will let you know if you are covered by occupiers’ liability and advise you on your legal options, with no obligation to proceed.
Key points about occupiers' liability claims
- Eligibility: You may be able to claim if you were injured on someone else’s premises due to unsafe conditions or hazards.
- Legal Responsibilities: Property owners and occupiers must take reasonable steps to keep visitors safe under the Occupiers’ Liability Act 1957.
- Time Limit: You typically have 3 years from the date of the accident to begin a claim, subject to some exceptions.
- Compensation: May cover pain, suffering, loss of earnings, and any care or medical expenses required.
- No Win, No Fee: Your solicitor will handle your claim on a no win, no fee basis, so you won’t pay a penny if they don’t win your claim.
Table of Contents
What is occupiers’ liability?
Occupiers’ liability is the area of the law under which those in control of premises must ensure that visitors are reasonably safe. This duty of care is set out in the Occupiers’ Liability Act 1957 (for lawful visitors) and the Occupiers’ Liability Act 1984 (for trespassers).
Premises include any fixed or movable structures, such as houses, shopping centres, restaurants, parks, playgrounds, schools, hospitals, vehicles, aircraft, bus stations, trains, car parks, public roads and many others.
An occupier may be a homeowner, tenant, landlord, business owner, local authority, or anyone with sufficient control over the premises. Their duties include:
- Carry out routine inspections to identify hazards and take steps to mitigate them.
- Provide clear warning signs to alert visitors about known risks.
- Ensure good housekeeping and proper lighting in all areas.
- Address risks in outdoor areas, such as icy paths, potholes and uneven pavements.
- Make reasonable adjustments for visitors with disabilities under the Equality Act 2010.
- Take extra precautions where children may be present.
- Restrict access to dangerous areas by using barriers or fences.
- Provide any staff and employees on the premises with proper training.
- Ensure compliance with fire safety requirements.
If you are injured in an accident caused by negligence under the Occupiers Liability Acts, you may be entitled to make a claim for compensation.
Am I eligible to make a claim under the Occupiers Liability Act?
If you suffer an injury in a private or public place, such as a shop, restaurant or park, you might be able to make an occupiers’ liability claim.
There are six key elements that you must prove in order to make a successful compensation claim:
- Control over the premises – The defendant was an occupier of premises under UK law.
- Your status – You were a lawful visitor on the premises (or, if trespassing, protected under the Occupiers’ Liability Act 1984).
- Dangerous conditions – Your injury was caused by a hazard on the premises, not from an activity taking place there.
- Reasonable knowledge – The occupier of the premises was or should have been aware of the danger.
- Breach of legal duty – Reasonable steps were not taken to eliminate or mitigate the danger.
- Causation – The occupier’s negligence directly caused your injury and all related losses.
If your personal injury solicitor can prove these points, they will help you pursue a claim and secure the compensation you deserve for your pain, suffering, and financial losses.
Time limits to make an occupiers liability claim
If you’ve suffered an injury as a result of an occupier’s negligence, you typically have three years to make a personal injury claim under the Limitation Act 1980. Exceptions apply to:
- Children – A child injury claim can be made at any time before the age of 18 by a parent or legal guardian.
- Mental capacity – If the claimant is mentally incapacitated, the limitation period is suspended.
- Accidents abroad – The limitation period for accident abroad claims varies from country to country.
We strongly advise you to speak to a solicitor as soon as possible after your accident. This will help them talk to any witnesses and collate the necessary evidence to build a strong claim.
What is the occupiers liability claims process?
The first step of any personal injury claim is an initial consultation with a legal adviser. During this, you will discuss your case and find out if you are owed compensation. You can also ask any questions you have about the litigation process.
If you are eligible for compensation, you will be paired with an experienced liability claims solicitor suitable for your case. They will guide you through each step of the claims process, which includes:
- Gather evidence to prove negligence and the impact on your life.
- Have your injuries assessed during a free exam with a specialist to determine their full extent and any future care needs.
- Send a claim notification form to the defendant and wait for their letter of response.
- Enter negotiations and reach a fair settlement if they admit responsibility for your injuries.
- Go to court and argue your case before a judge if they deny liability.
If you win the case, the last step is to receive your compensation award, which will usually be paid after the claim settles, often within a few weeks.
How much compensation can I claim for an injury on public premises?
The amount of compensation awarded for a personal injury is calculated on a case-by-case basis by considering two types of damages:
- General damages are awarded for the subjective, non-financial impacts of the injury on your life. Examples include physical pain, psychological trauma and loss of enjoyment of life.
- Special damages are awarded for financial losses and expenses caused by the accident, such as private treatments, rehabilitation, medical aids and loss of earnings during recovery.
General damages are based on the guidelines published by the Judicial College (18th Edition). Below are some examples of compensation payments you could receive based on the type and severity of your injuries and your specific circumstances:
| Injury Type | Description | Compensation |
|---|---|---|
| Brain Damage | Brain damage causing serious disability, substantial dependence on others and reduced life expectancy | £289,000 - £373,000 |
| Leg Injuries | A very serious leg injury causing permanent mobility problems and need for crutches or mobility aids | £72,000 - £117,000 |
| Hip And Pelvis Injuries | A significant hip or pelvis injury with minor permanent symptoms or disability | £35,000 - £52,000 |
| Back Injuries | A moderate back injury causing constant pain, discomfort and substantial osteoarthritis risk | £37,000 - £51,000 |
| Ankle Injuries | A minor ankle fracture, sprain or ligament injury recovering fully or leaving only mild symptoms | Up to £18,000 |
| Wrist Injuries | A wrist fracture or soft tissue injury taking more than a year to recover | £8,000 - £14,000 |
| Post-Traumatic Stress Disorder | PTSD with full recovery within 1-2 years and only minor longer-term symptoms | £5,200 - £11,000 |
For more information on how much compensation you could be entitled to claim, check out our compensation calculator or call 0800 470 0472 for a free case assessment.
Do occupiers liability solicitors provide a No Win No Fee service?
Yes. If there is a fair likelihood that you will win compensation, our partner solicitors will help you start your claim under a no win no fee agreement. This service ensures you can access legal representation regardless of your financial situation, with no risk.
If your case is successful, your solicitor will receive a fee deducted from your compensation award. This success fee can’t be any higher than 25% of your general damages and past financial losses, and is agreed upon from the beginning. If your case fails, you do not have to pay them anything.
Evidence needed to support a claim for occupier liability
To start and support your claim, you will need various types of evidence to show how your accident happened, who was at fault, and how it has affected your life. Your solicitor will help you gather everything you need, which could include:
- Photographs or videos of the accident scene, including any hazards that contributed to it.
- If available, CCTV footage from the accident scene.
- Pictures of your injuries after the accident and during your recovery.
- Witness statements.
- A copy of an accident report filed with the owner or occupier of the premises.
- Inspection and maintenance records from the property.
- Evidence of prior complaints about the same hazard or similar incidents.
- Medical records and specialist reports detailing your injuries and any long-term effects.
- A copy of a police report if the incident involved criminal activity.
- Your testimony about the incident and how it has affected your life.
- Proof of the financial losses and expenses, such as receipts, payslips and bank statements.
Accidents that could result in an occupier liability compensation claim
An occupier liability claim can be made following a wide range of accidents in shops, restaurants, schools, parks and other premises. These include, but are not limited to:
- Slips, trips and falls caused by wet floors, uneven surfaces or poorly lit areas.
- Elevator and escalator accidents, such as broken handrails or sudden stops.
- Falling objects from poorly secured or overloaded shelves or loose fixtures.
- Electrical accidents caused by exposed or improperly maintained electrical systems.
- Swimming pool accidents due to slippery tiles, inadequate barriers or a lack of safeguards.
- Carbon monoxide poisoning caused by faulty appliances or a lack of smoke detectors.
- Criminal assaults caused by poor security measures in high-risk areas.
- Playground injuries caused by damaged equipment or poorly maintained play areas.
- Animal-related injuries, such as dog attacks or injuries from farm animals.
- Gym and sports injuries due to defective equipment or poorly maintained facilities.
If you or a loved one had a similar accident on private or public premises, the occupier may be liable for compensation for any injuries you sustained.
Common injuries in occupiers’ liability claims
An accident on private or public premises can lead to a wide range of injuries for which you could claim compensation, including:
- Cuts and lacerations caused by sharp objects, broken glass, or unsafe fixtures.
- Broken bones caused by heavy impact, being struck by an object or falling from a height.
- Head injuries ranging from minor bumps and bruises to fractures and severe brain trauma.
- Back injuries, from mild sprains and strains to severe injuries to the spinal cord and paralysis.
- Burn injuries due to fires, exposure to chemicals or faulty electrical sources.
- Drowning and near-drowning injuries, such as unconsciousness and respiratory distress.
- Psychological injuries, such as anxiety, depression or post-traumatic stress disorder (PTSD).
- Fatal injuries caused by a very severe accident.
No matter what type of injury you’ve sustained, if you believe it was due to an occupier’s negligence, you may have a claim for compensation.
Frequently asked questions
For example, if you ignored a ‘wet floor’ sign and you slipped, you may be found 25% liable for your injuries. In this case, if your damages are valued at £40,000, you would only receive £30,000.
This process is typically used when the injured party is a child under 18 or an adult who qualifies as a protected party under the Mental Capacity Act 2005 (e.g., they have Down syndrome, autism, a severe brain injury or PTSD).
Our legal team can guide you through all the steps and help you secure compensation for your loved one.
- Loss of financial support.
- Loss of services, such as childcare.
- Reasonable funeral expenses.
- A statutory bereavement award of £15,120 (where eligible).
If your case is straightforward, it may be resolved within a few months. If it is complex or the defendant denies liability, the litigation process can take several years. Your solicitor may be able to secure interim payments on your behalf to cover any immediate financial needs while the case is ongoing.
To find out if you can make an occupiers’ liability claim and how much compensation you may be entitled to receive, call 0800 470 0472 today or use our simple claim form to request a call back.
