Petrol stations can be dangerous places for slip and trips and it is important to remember that the owners of the forecourts have a duty of care over your safety. This is provided by the Occupiers’ Liability Act 1957.
Common Accidents in Petrol Stations
Common accidents in petrol stations include slipping on the petrol/diesel spilled on the forecourt floor. It is possible to slip on any oil which cars have leaked which should have been cleaned. Trips are also common from the petrol pumps and any items which have been dropped or may be sticking out.
The duty of care under the Occupiers Liability Act 1957
The Occupiers Liability Act 1957 places a duty of care on those who own the premises for the safety of their lawful visitors. The act goes further and outlines the common duty of care where it states…
“A duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there.”
In terms of going into a petrol station, this means that the occupiers should take reasonable care of your safety for the purposes by which you are permitted to be there. This means that a duty of care is owed if you go to fill up your car with petrol (and having your car washed as many petrol stations offer).
An ‘occupier‘ of the premises where you have permission to be does not necessarily mean the owners. The occupier is occupying the land and they are the ones who are responsible for your safety. E.g. Builders plc own the petrol station but OIL plc are renting it to sell petrol to their customers. OIL plc are the occupiers so they have a duty to see that their visitors, or their customers are reasonably safe to use the premises.
EXAMPLE: Person X is filling up their car with petrol at pump number 2. They do not know that earlier in the day, person Y spilled petrol on the floor of pump number 1, which person X now has to walk through to go and pay. Person X walks towards the kiosk but slips as their foot steps onto the petrol and falls onto their back, sustaining injuries. It may be that the occupiers of the petrol station i.e. the people who are providing the petrol (usually either an oil company or supermarket) would be found liable. This is because they have not taken care of your safety by allowing you to slip in petrol which has been spilled. They should have cleaned the floor effectively to have ensured your safety.
If you have slipped or tripped in a petrol station and would like to know more about making a claim then contact The Injury Lawyers today by calling our free helpline on 0800 634 7575.
