Injured on Someone Else’s Property? Your Rights Under Occupiers’ Liability

If you’ve been injured in a supermarket, shopping centre, restaurant, or even on private property, you may have a right to claim compensation. In the UK, the Occupiers’ Liability Acts of 1957 and 1984 place a legal duty on those in control of premises to keep visitors reasonably safe.

In this article, personal injury lawyer Handan Demir answers some of the most frequently asked questions about these claims to help you understand your rights and how to take action.

What is Occupiers’ Liability?

Occupiers’ liability refers to the legal responsibility of those who control land or buildings (so, not just owners) to ensure the safety of people who visit. This includes:

• Businesses (e.g. shops, gyms, restaurants, hotels)
• Landlords or property managers
• Local authorities (e.g. parks, pavements, public buildings)
• Private homeowners (in some cases)

Who can make a claim for injury on someone else’s property?

You can claim compensation if:

• You were injured while lawfully on the property
• The injury was due to the occupier’s failure to take reasonable care
• It happened within the last three years

The type of people who can typically claim includes:

• Customers
• Visitors
• Contractors
• Tenants
• Sometimes even trespassers (under limited duties in the 1984 Act)

Common examples of Occupiers’ Liability accidents:

Some common types of occupier’s liability accidents include:

• Slipping on wet floors in shops with no warning signs
• Tripping over uneven flooring, loose cables, or poorly maintained stairs
• Falling due to broken handrails or unsafe balconies
• Injuries in playgrounds, car parks, or leisure centres
• Accidents in rented accommodation (e.g. faulty flooring or unsafe communal areas)
• Being struck by falling stock or poorly stacked items

What do I have to do if someone is injured on my property?

Under the Occupiers’ Liability Act 1957, occupiers must take reasonable care to ensure that visitors are reasonably safe. This includes:

• Regular inspections and maintenance
• Fixing hazards promptly
• Providing clear signage (e.g. wet floor signs)
• Complying with health and safety regulations

For trespassers or unauthorised entrants, the 1984 Act imposes a limited duty if:

• The occupier knows there’s a danger
• Knows people may come into contact with said danger
• Could reasonably offer some protection or warning

Can I claim if I was partly to blame for my injury?

Yes. You may still be entitled to compensation under contributory negligence (when an injured person has partial responsibility for their injuries), though your award may be reduced. For example:

• If you ignored warning signs
• If you were intoxicated
• If you were using the property in an unsafe way

What can I claim for if I’ve been injured on someone else’s property?

You may be entitled to:

• General damages for pain, suffering, and loss of amenity (being unable to enjoy life as you did before the injury e.g. socialising, hobbies, and general quality of life)
• Loss of earnings (including future losses)
• Medical costs (including treatment, prescriptions, rehab)
• Travel expenses
• Care or help from friends and family
• Damage to personal items (e.g. glasses, phone)

What evidence will help my claim?

To support your case, try to:

• Report the incident to the occupier or manager and ensure it is logged
• Take photographs of the accident location and hazard
• Obtain CCTV if available
• Get witness contact details
• Seek medical attention and keep all records

Is there a time limit for claiming?

Yes – you must usually start your claim within 3 years of the accident. Exceptions include:

• Children (who have 3 years from their 18th birthday to claim)
• Those without mental capacity (there is no time limit for them to claim)

Will I be claiming against the individual?

In most cases, no. You will be claiming against the occupier’s public liability insurer, not a person directly. Businesses, landlords, and local authorities all carry insurance to cover these types of claims.

Do I need a solicitor?

Yes, having a solicitor to assist with your occupier’s liability claim is strongly recommended, as these claims can be complicated. Your solicitor will:

• Gather the evidence needed to prove liability
• Liaise with insurers and adjusters
• Value your claim accurately
• Handle negotiations and legal procedures
• Ensure you receive the maximum compensation you’re entitled to

How much do occupiers liability claims cost?

Most personal injury solicitors offer fee agreements that mean you don’t need to pay upfront and instead have a success fee (of up to 25%) deducted if you win your case. Please get in touch to discuss if your case may be eligible for this kind of agreement. Always ensure you understand your agreement and potential legal fees before starting a claim.

Final Thoughts

You shouldn’t have to suffer because someone failed to maintain their property properly. If you’ve been injured in a public or private place due to negligence, the law is on your side.

I’m here to help you understand your options and guide you every step of the way, from investigation to compensation.

Please get in touch for a free, no-obligation consultation.