Occupiers' Liability

Occupiers' liability claims

The person or organisation in control of a building or piece of land owes a legal duty to keep visitors reasonably safe. If they've failed in that duty and you've been injured, we'll help you claim compensation under the Occupiers' Liability Acts.

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A wooden staircase with a worn carpet edge catching morning light

What is occupiers' liability?

The Occupiers' Liability Act 1957 sets out the duty an occupier of premises owes to lawful visitors — to take such care as is reasonable in all the circumstances to keep them safe. The Occupiers' Liability Act 1984 extends a more limited duty to people who are not lawful visitors, including trespassers.

An 'occupier' isn't necessarily the owner. It's anyone who has sufficient control of the premises — a tenant, a contractor on site, a managing agent, even a homeowner welcoming a guest. Multiple parties can be occupiers at the same time and share liability.

We pursue claims where the occupier knew about (or ought to have known about) a defect and failed to deal with it — whether through inadequate maintenance, a missing warning, poor lighting, or unsafe structures.

Typical occupiers' liability claims

  • Falls on poorly maintained stairs or handrails
  • Loose carpet, broken tiles or uneven flooring
  • Injuries on rented or holiday-let property
  • Accidents in pub or restaurant car parks
  • Falls at council-run facilities or schools
  • Inadequate lighting in shared corridors
  • Building site accidents involving visitors
  • Injuries from defective doors or gates

How we'll progress your claim

1

Identify the right occupier(s)

Occupiers' liability claims often involve multiple parties — owner, tenant, managing agent, contractor. We make sure the right insurer is on notice.

2

Build the evidence base

Photographs, witness evidence, maintenance records and surveyor reports demonstrate that the defect was foreseeable and avoidable.

3

Negotiate full compensation

We secure compensation for your injury, ongoing care, rehabilitation and any financial losses.

A note on time limits

Three years from the date of the accident in most cases. Where the injury developed over time, the three years runs from when you first knew it was caused by the unsafe premises.

Frequently asked questions

What's the difference between occupiers' and public liability?

They overlap heavily. Public liability is the wider insurance concept — a business's responsibility to the public. Occupiers' liability is the specific legal duty owed by anyone in control of premises to people who enter them, set out in the Occupiers' Liability Acts of 1957 and 1984.

Does it apply to private homes too?

Yes. Homeowners owe a duty of care to visitors. Most household insurance policies include occupiers' liability cover, so a claim against a friend or family member is really a claim against their insurer.

What about trespassers?

Under the 1984 Act, occupiers owe a limited duty even to trespassers if they know of a danger and a non-visitor might be exposed to it. The classic example is a child entering a building site through an unsecured fence.

What if the danger was obvious?

Obvious dangers reduce the occupier's responsibility but don't always remove it — especially where children are involved. We assess the facts honestly and tell you whether a claim is realistic.

How long do I have to claim?

Three years from the date of the accident in most cases, with special rules for children and people lacking mental capacity.

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If something has gone wrong, you deserve clear answers. Our team will listen, explain your options, and tell you honestly whether you have a claim — at no cost.