Occupier’s Liability Claims

The term Occupier’s Liability may sound complex, but its meaning is fairly simple to explain. There are two Occupier’s Liability Acts; the one relevant for our discussions in this blog is the Occupier’s Liability Act 1957.  It is this act which offers protection to the ‘lawful visitors’ of premises rather than trespassers with which the other Act deals. The act states that the Occupier has a duty to ensure its visitors will be reasonably safe when visiting its premises. Contrary to how the name sounds an Occupier need not actually occupy the premises as such; an occupier is simply the person(s) who have overall physical control over the premises. A good way to illustrate this is with the following examples of Occupier’s liablity claims:

• An item falling on you from a poorly stacked shelf in a supermarket – this may be a strong claim for personal injury and would be directed against the supermarket.
• Slipping on a spillage in a night club – if you have been injured as a result, this too may be a claim and would be directed against the nightclub.

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