Occupiers liability claims

Most occupiers liability claims can be dealt with on a No Win No Fee basis

We can review your claim free of charge and advise you if your claim is likely to be awarded compensation.

As part of the Co-op Group our values of openness, honesty, social responsibility and caring for others are core to the service we provide.

How we can help you

We offer free, specialist legal advice without the legal jargon. Once we take on your claim our team of Personal Injury Solicitors, Litigation Lawyers and Claims Handlers will assist you with all the guidance you need to ensure your claim has the best chance of being awarded a fair amount of compensation.

Occupiers Liability personal injury claims often include compensation for pain and suffering, medical treatments, rehabilitation, lost earnings, travel and out of pocket expenses.

Our Personal Injury Solicitors fight hard to assist you with:

  • medical treatment, therapies and rehabilitation support
  • adaptations, aids and adjustments required at home and work
  • returning to work or assessing your capabilities if you can’t
  • arranging care and support services if you are seriously injured
  • advising you on claiming for DWP benefits to reduce the financial impact
  • applying for Interim Payments of compensation when applicable.

What is an occupiers liability claim?

Accidents which take place on property or land owned by somebody else are called Occupiers Liability Claims are they are very common.

Occupiers Liability claims often involve personal injury accidents which occur in buildings, on “premises” or on land which is not controlled by you or your employer. Premises includes not just business premises but other types of fixed and mobile premises ranging from a shopping centre or a Government building to an aeroplane, a ship, a bus or a train.

Many Occupiers Liability personal injury claims are for people who were injured whilst working, and the accident or injury took place on premises that was not controlled by their employer.

For example if your job involves collecting or delivering goods, routine or urgent maintenance work or the supply of other goods or services, you are entitled to expect that the premises or sites you have to visit are safe.

Responsibility for the safety of all visitors to a property for the purposes of carrying out work rests with the owners of the property, or those who have control of the premises if not the owners, under the Occupier’s Liability Act 1957.

Those controlling the property and the activities that take place on the property have a ‘duty of care’ to ensure your safety and reduce the risk of harm whilst you remain on their property. It is not unusual for the occupier of the premises to try to avoid responsibility because you are not an employee, but an occupier retains the duty to protect and keep you safe.

The law in England and Wales

Occupiers Liability is covered by two Acts of Parliament:

  • Occupiers Liability Act 1957 - which imposes an obligation on occupiers with regard to lawful visitors.

  • Occupiers Liability Act 1984 - which imposes liability on occupiers with regard to persons other than visitors.

Definitions of premises and occupier

There is a wide definition of ‘premises’ which includes any fixed or movable structure, for example a car park, building site, warehouse, lift, ladders and scaffolding.

The definition of ‘occupier’ is also wide and includes an individual, company, partnership or local authority in control of property, land or space. Responsibility can also be extend to a senior person in charge of the premises, land or space and therefore the occupier can be more than one entity.

All persons entering the premises for work purposes are people invited onto the premises by the occupier. In short they become lawful visitors and the occupier has a duty to ensure that “the visitor will be reasonably safe in using the premises for the reason which he or she is invited or permitted to be there.”

Therefore, if you suffered a personal injury as a result of an accident on premises not controlled by you or your employer, then the occupier should be held to responsible for your injury.

About Co-op Legal Services

As part of the largest Co-operative organisation in the UK, Co-op Legal Services works to ensure that our clients receive the best legal advice and support services available from our teams of personal injury and clinical negligence solicitors, legal executives and staff.

We are regulated by the Solicitors Regulation Authority (SRA) and several of our Personal Injury Solicitors are members of the Association of Personal Injury Lawyers (APIL).

Co-op Legal Services has over 600 staff working in different businesses with offices in Manchester, Bristol, Stratford-upon-Avon, Sheffield and London.