The Occupiers Liability Act 1957 laid down a rule that the occupier of a building or a piece of land must take such care as is reasonable to see that a person in or adjacent to a building or on land will be reasonably safe whilst he or she is there.
Personal Injury Involving Occupied Land or Property
If you have been injured whilst in a building belonging to or maintained by another person, and your injury occurred because of the dangerous state of the premises, you may have a valid claim, but the law is never quite that simple. It can be difficult to decide who is a relevant occupier and persons who enter a piece of land under the right of way are unprotected by this Act.
Here are some examples where an accident could occur in an area belonging to or maintained by another person –
- Shops, cafes, restaurants, pubs & bars
- Leisure centres, gyms and sporting facilities
- Offices and business premises
- Public buildings such as museums and libraries
- Schools and college buildings
- Parks and playgrounds
- Private buildings including private residences
- Private land including gardens and other external areas
What if the occupier was unaware of the danger or provided a warning, which you ignored?
What if you weren’t supposed to be there in the first place or the person injured was a child, and what if it wasn’t a building at all – what if the accident occurred on a train?
What if your accident was caused by someone who repaired the building badly, some time ago but he no longer ‘occupies’ it?
It can be more complicated than you may think to apply these rules in practice.
If you suspect you may have a claim under the Occupiers Liability Act 1957 or in relation to a defective state of repair of a building or other structure, we would recommend that you contact us for further advice.
The Defective Premises Act 1972 is also relevant as there is a duty of care attached to those who work on buildings to people injured by their defective workmanship.
Speak to our Personal Injury Solicitors for more Information
If you’ve been injured in an accident on premises belonging to another person and would like to know if you are entitled to claim compensation. Speak to Salmon Solicitors for expert impartial and professional advice.