It is clear that any person who occupies a property owes a duty of care for the safety of any person who legally uses the premises. In places such as shops, restaurants, high street service branches, cafes, etc, the duty is there.
It’s important to have a duty of care because it helps to prevent people from being needlessly injured in accidents which were entirely avoidable. Sometimes things happen and it’s hard to control them, but sometimes the suffering of an injury could have been avoided.
Where it could have been avoided, a claim can arise.
Providing the visitor has been invited onto the land by the occupier (i.e. they are not a trespasser!) then reasonable care must be taken by the occupier to look after the safety of that visitor. If it can be proven that the occupier has not taken reasonable steps to ensure that the premises are safe, they may be in breach of the law, and a claim for compensation can be made.
There can be exceptions or higher duties expected for certain types of visitors like children, the elderly, or vulnerable adults. Cases can often be assessed on their individual merits. In the case of this, it may be acceptable to warn an adult of risks by using signs or notices to protect someone who they are supervising.
In these cases, steps must be taken to remove any dangers which could cause potential hazards. If steps that can be seen as reasonable are not taken, then you may have a claim.
Some easy examples:
- Failing to deploy a wet floor sign near a spillage in time
- Failing to inspect a pathway for defects in the surface
- Failing to inspect furnishings for wear and tear or damage that could pose a danger
Winning a case like this can often be about proving what the occupier has failed to do, and showing that they could have done more to protect a visitor.
Call us 0800 634 7575 to get your claim started today.
