Any private premises in the UK has an owner; someone who is responsible for keeping people who visit the premises safe. Private premises can be anything from shops to car parks. Occupier’s liability is the area of law that deals with this duty of care and occupier’s liability accidents. It concerns anyone who owns a property that the public can visit.
The Difference Between Occupier’s Liability and Public Liability
Occupier’s liability refers to anyone who owns a property that the public can visit. Due to this, they are sometimes wrongly referred to as public liability accidents. However, the difference is in the owner of the place where the accident happened. Public liability generally covers places that the council own and are responsible for. Occupier’s liability covers places that are privately owned.
Occupier’s Liability Accidents
The types of accidents that generally come under occupier’s liability accidents include accidents in shops, supermarkets, car parks, restaurants, and private residences. Owners of properties must take steps to help ensure that people do not have accidents on their premises.
There are many causes of accidents that fall under occupier’s liability. Some of these include:
- Slipping on wet surfaces
- Tripping over uneven floors or obstacles left in walkways
- Being struck by a falling object, such as an item falling from a shelf
- Accidents in car parks due to poor layouts or bad lighting
- Malfunctioning lifts and automatic doors
These causes of accidents are easy to avoid. The owner of the premises should ensure that they put measures in place to avoid accidents like this from happening. They must ensure they follow rules set out in the Occupiers Liability Act 1957 to minimise the risk of accidents happening. If they fail to do this then they may be liable if someone has an accident on their premises.
Children and Occupier’s Liability Accidents
Some of the more common occupier’s liability accidents involve children. If children are visiting a place that falls under occupier’s liability, then the owner must take extra care to minimise the risk of children having accidents. This is because children tend to be less careful than adults whilst out in public.
If your child has had an accident is a public or private place, then you may be able to claim on their behalf. If your child is under 18, then a parent or guardian may make a claim for them. Their parent or guardian also has until the child turns 18 to make a claim. If the child is over 18 then they have until they are 21 to make a claim themselves.
How We Can Help
Here at The Compensation Experts we work with solicitors who deal with all manner of personal injury claims. This includes accidents in private places. This means that they have the expertise to help you with your potential claim. Contact us today by filling in our contact form or by calling us on 01614138765 to speak to one of our friendly knowledgeable advisors.