Occupiers’ liability claims: Compensation for injuries in public places

Occupiers’ liability: Seeking compensation for injuries in public places

Understanding occupiers’ liability claims

Injuries in public places can happen unexpectedly, whether in a supermarket, shopping centre, park, or any other premises open to the public. If you have suffered an injury due to hazardous conditions or negligence, you may be entitled to make an occupiers’ liability claim. Under UK law, property owners and managers have a duty to ensure their premises are safe for visitors. If they fail to meet this obligation, they can be held responsible for any resulting injuries.

What is occupiers’ liability?

Occupiers’ liability refers to the legal responsibility that property owners, landlords, businesses, and local councils have for maintaining safe premises. This responsibility is set out in the Occupiers’ Liability Act 1957 and the Occupiers’ Liability Act 1984. These laws require property controllers to take reasonable steps to protect lawful visitors and, in some cases, trespassers from harm.

Common causes of injuries in public places

Public place injuries can occur due to various hazards, including:

• Slips, trips, and falls: Wet floors, uneven pavements, or poorly maintained walkways can lead to serious injuries.
• Poorly maintained premises: Broken handrails, faulty escalators, or crumbling stairs can create dangerous conditions.
• Falling objects: Items falling from store shelves, building sites, or overhead fixtures can cause severe injuries.
• Inadequate lighting: Poor visibility in car parks or stairwells increases the risk of accidents.
• Unsafe playgrounds: Damaged equipment or poorly designed play areas can cause injuries to children.

Who is responsible for an injury in a public place?

Liability for an accident in a public place depends on who controls or manages the area. Possible responsible parties include:

• Businesses and shops: Supermarkets, shopping centres, and restaurants must ensure their premises are hazard-free.
• Local councils: Councils are responsible for maintaining roads, pavements, and public parks.
• Private property owners: Landlords or property owners have a duty to ensure safe conditions for visitors.
• Event organisers: Those hosting public events must take precautions to protect attendees.

Steps to take after an injury in a public place

If you have suffered an injury in a public place, taking the right steps can strengthen your claim:

1. Seek medical attention: Get treatment immediately and keep records of your injuries.
2. Report the accident: Inform the property owner, manager, or local authority and request that they log the incident.
3. Gather evidence: Take photos of the accident scene, your injuries, and any hazards that caused the incident.
4. Collect witness statements: Obtain contact details of anyone who saw the accident.
5. Keep receipts and records: If you incur medical costs, lost wages or any other expenses as a result of your injury, keep all related documents.
6. Contact a solicitor: A personal injury solicitor can help you bring a claim.

What compensation can you claim?

The amount of compensation you can receive depends on the severity of your injury and its impact on your life. Compensation may cover:

• Medical expenses: Treatment costs, rehabilitation, and physiotherapy.
• Loss of earnings: If your injury prevents you from working, you may be compensated for lost wages.
• Travel expenses: Reimbursement for travel costs related to medical treatment.
• Pain and suffering: Compensation for physical pain and emotional distress.
• Ongoing care: If your injury requires long-term care or home modifications.

Case Study: Compensation for a shop Injury

Pauline’s Story: Pauline was injured after tripping over a display stand in a local shop which resulted in her breaking her left wrist. Pauline had a complicated recovery from her injury and developed Complex Regional Pain Syndrome and was left with permanent grip weakness, which made basic household tasks difficult for her to perform.

Pauline instructed the Fosters Solicitors’ Personal Injury team, who acted on a no win no fee basis and helped support her through a claim, successfully negotiating a settlement of £82,500.

Frequently asked questions

Can I claim if I was partly responsible for the accident?

Yes. You may still be able to claim, but the compensation amount might be reduced based on the extent to which you contributed to your accident.

How long do I have to make a claim?

You generally have three years from the date of the accident to make a claim. If the injured person is a child, the three-year period starts from their 18th birthday.

What if the responsible party denies liability?

A solicitor can gather evidence to support your claim and negotiate on your behalf. If necessary, the case may go to court.

Get expert legal help

If you have suffered an injury in a public place, you may be entitled to claim compensation. Speak to our Personal Injury team today to start your public liability claim and secure the financial support you deserve.

Our experts are vastly experienced in supporting those with public liability claims and can support you through the process involved. We understand you will want to know how we can assist, so we offer a free of charge no obligation first meeting or chat, which we follow up with a full letter of advice. If you are in any doubt as to whether you have a claim, please do contact us, again completely without obligation.

We are also able to discuss how you can cover the cost of a claim, including through a ‘no win no fee’ agreement.

Contact us for more information.

For more information on public safety regulations, visit the Health and Safety Executive.

 

This article was produced on the 19th March 2025 for information purposes only and should not be construed or relied upon as specific legal advice.