Occupiers’ liability covers any accidents that occur due to unsafe or hazardous conditions on a property. These accidents may happen in public spaces, businesses, or private properties, and the occupier may be held liable if they failed to take reasonable steps to ensure safety.

Here are some common examples:

• Slips,trips and falls: often caused by wet or slippery floors without proper warning signs, or uneven flooring, loose tiles or torn carpets. In colder months, snow left uncleared on paths or entryways can be a hazard.
• Accidents involving faulty equipment or fixtures: these can include broken handrails, stairs or elevators, collapsing shelves or displays in retail spaces, or malfunctioning machinery or equipment in leisure facilities.
• Outdoor hazards: poorly maintained pavements, potholes, or loose paving stones are usually the responsibility of the local council. Hazards in playgrounds, parks or public spaces, such as defective play equipment, may be under the remit of private organisations.
• Injuries caused by falling objects: items falling from shelves in shops or warehouses, or loose fixtures like ceiling tiles or signage.

Occupiers’ liability compels those in control of premises to take adequate precautions to prevent these and other risks, protecting the safety of visitors.

In most cases, you have three years from the date that the accident happened to make an occupiers’ liability claim. This time limit is known as the limitation period and is set under the Limitation Act 1980.

Exceptions to the three-year rule include:

• Children: if the injured party is under 18, the three-year limitation period begins on their 18th birthday, giving them until they turn 21 to make a claim. A parent or guardian can also act as a "litigation friend" to pursue a claim on their behalf before they turn 18.
• Lack of mental capacity: if the injured person lacks the mental capacity to make a claim, the limitation period may be suspended indefinitely under the Mental Capacity Act 2005. If capacity is later regained, the three-year period begins from that date.
• Fatal accidents: if the injured person dies as a result of their injuries, their family or representatives have three years from the date of death to file a claim.
• Claims involving crime: in cases where an accident involves criminal actions, such as intentional harm, the time limit may differ, typically requiring action within two years under the Criminal Injuries Compensation Scheme (CICS).

Even though you might have up to three years to make your compensation claim, act as soon as possible. Evidence such as CCTV footage, witness statements, and records of the hazard in question may be easier to collect shortly after the accident, while delays can make it harder to prove your claim.

If you are unsure about how much time you have left or whether you are still eligible to claim, JMW can help assess your case. We can help you collect evidence and build a strong claim to meet the deadline.

The Occupiers’ Liability Acts of 1957 and 1984 cover a wide range of public places where the occupier has a duty of care to ensure visitors’ safety. Examples include:

• Shops and retail spaces
• Hospitality venues such as restaurants, cafes, bars and hotels
• Gyms, swimming pools, parks and sports venues
• Public buildings like libraries, museums and hospitals
• Train stations, bus depots and airports

Even outdoor spaces like playgrounds, car parks and nature reserves can fall under occupiers' liability if they are managed or controlled by an organisation or individual.

The occupier's duty is to take reasonable steps to identify and mitigate hazards so visitors can use these spaces safely.

In general, occupiers' liability applies specifically to premises and the duty of care for their safety, while public liability covers a broader range of risks associated with an organisation's interactions with the public.

Occupiers' liability covers the responsibility of a person or entity (the occupier) who controls premises to ensure they are safe for visitors. As explained above, this is governed by the Occupiers’ Liability Acts of 1957 and 1984, which outline the duties owed to lawful visitors and, in some cases, unlawful visitors (e.g., trespassers).

Public liability covers general liability of businesses or organisations for members of the public, both on and off the premises. This is often linked to public liability insurance and broader health and safety laws, rather than specific acts. Injuries caused by falling signage, accidents involving defective products, or hazards at temporary event sites like festivals are more likely to be covered under public liability laws.

Children are afforded additional protection under the Occupiers’ Liability Act 1957 due to their potential lack of awareness of certain hazards. The law recognises that children may not exercise the same level of caution as adults, and occupiers must take this into account.

The act highlights the following key considerations for children’s safety:

• Attractive hazards: features like swimming pools, climbing structures, or unsecured machinery that might attract children require extra precautions, such as fencing or warning signs.
• Duty of care: occupiers are expected to anticipate that children may act impulsively or fail to recognise risks. For example, they must ensure playground equipment is safe and regularly maintained.
• Supervision assumptions: while occupiers can assume a level of parental supervision, this does not absolve them from their responsibility to make the premises reasonably safe for children.

The 1984 Act also provides some protection for children who trespass. If an occupier is aware of a dangerous feature that poses a risk to children, they may still be liable if they fail to take reasonable steps to prevent access or reduce the risk. This higher standard of care prioritises the protection of children.

You may still be able to make an occupiers’ liability claim even if you were partially at fault for the accident. This is known as contributory negligence, where both the injured party and the occupier share some responsibility for the incident.

If it is determined that you were partly responsible for your injury, your compensation may be reduced to reflect your level of fault. For example:

• If you are found to be 25% at fault, your final compensation amount will be reduced by 25%.
• The remaining 75% of liability would be attributed to the occupier.

Examples of contributory negligence include:

• Failing to notice a clearly visible hazard, such as a marked wet floor sign.
• Ignoring warning signs or safety instructions.
• Engaging in risky behaviour, such as running in an area marked unsafe.

The court or insurance companies will examine:

1. The actions of the occupier: did they fail to meet their duty of care by neglecting to address or warn about hazards?
2. Your actions: were you acting in a way that contributed to your injury?
3. Reasonableness: was the occupier’s negligence the primary cause of the accident, regardless of your partial fault?

Even if your compensation is reduced, it can still provide financial support for medical bills, lost earnings, or other expenses.

If the occupier tries to escape liability and denies responsibility for your injury, you can still pursue a claim. Denial of liability is not uncommon, but with strong evidence and the support of an experienced solicitor, you can challenge their position and work towards securing the compensation you deserve.

At JMW, we are experienced in handling occupiers’ liability claims. We will build a strong case on your behalf, gathering evidence, negotiating with insurers, and representing you in court if necessary.

Do not let a denial discourage you - many claims succeed after legal interrogation. Speak to our team for expert guidance tailored to your case.

In most cases, you will not need to go to court to settle an occupiers’ liability claim. The majority of claims are resolved through negotiation and settlement between your solicitor and the occupier’s insurer. However, you may need to escalate your claim to court if the occupier or their insurer denies responsibility for the accident. When both sides cannot agree on the facts, a judge may need to review the case and make a decision.

If your claim proceeds to court, your solicitor will guide you through the process, which may involve:

• Filing court documents: your solicitor will prepare and submit all necessary legal paperwork.
• Pre-trial negotiations: many cases are still resolved before reaching the trial stage.
• Attending a hearing: if the case goes to trial, you may need to attend court to give evidence and answer questions, though your solicitor will handle most of the legal arguments.

Going to court can be time-consuming and costly, so both parties usually prefer to reach a settlement before this stage. With strong evidence and skilled negotiation, your solicitor can often resolve your claim without the need for a court hearing.

If you are concerned about court proceedings or would like more information, contact our team today.