Accidents can happen anywhere, but if you were injured because someone didn’t keep their property safe, this is where the Occupiers’ Liability Act comes in.
This piece of UK legislation explains who’s responsible for keeping you safe when you’re on their premises, whether that’s a business, a local authority or a private individual.
Understanding your rights under this law could make a real difference if you’re thinking about claiming compensation. In this guide, we’ll walk you through the occupiers liability act, explained simply, and show you how it could support your case after an injury.
A quick explanation of the Occupiers’ Liability Act
The Occupiers’ Liability Act is a piece of UK legislation that lays out the responsibility of occupiers to keep visitors safe. It applies to both public and private spaces.
An occupier isn’t just the legal owner of a property. It could be a shop manager, a landlord, a council or anyone who has control over the condition and safety of the premises. Essentially, if someone invites you onto a property, they have a duty of care to make sure it’s reasonably safe for you to be there. This might mean repairing broken steps, clearing spillages or warning you about any potential hazards.
The main law was introduced in 1957, with an additional act in 1984 that extends limited protections to people trespassing on a property.
Who does the law apply to?
The Occupiers’ Liability Act covers all kinds of properties and the people responsible for them.
Shops, supermarkets, salons and hotels
Businesses that service the public within their property, like hotels, salons and shops, have a clear duty to keep you safe. This includes maintaining clean, hazard-free floors, repairing broken fixtures and providing clear signage where needed.
Councils
Local authorities are responsible for many public spaces, from pavements and parks to libraries and town halls. If a council fails to fix known hazards, like loose paving slabs or faulty lighting, they could be held liable under council building injury law.
Landlords and private owners
Private property owners, including landlords, must make sure that tenants, guests or tradespeople are not put at risk by unsafe conditions, like broken stairs or faulty wiring.
Schools, libraries and leisure centres
Places run for public benefit still carry the same duty of care. Whether you’re visiting a gym, attending a class, or borrowing a book, the occupier must make sure the environment is safe.
What duties does an “Occupier” have under the Act?
The Occupiers’ Liability Act states that anyone in control of a property has a legal duty to keep lawful visitors reasonably safe while on the premises. It’s not about guaranteeing a risk-free environment, but taking sensible steps to prevent avoidable harm. That could mean:
- Fixing damaged flooring or handrails
- Clearly marking wet or slippery areas
- Ensuring regular maintenance of equipment and facilities
- Locking away hazardous materials or tools
There’s also a heightened duty of care when children are involved and occupiers are expected to take extra precautions to protect them.
How does this affect a personal injury claim?
If you were hurt because an occupier didn’t take reasonable steps to keep you safe, you could have grounds for a personal injury claim. The Occupiers’ Liability Act provides the legal basis for holding them accountable. Accidents that are typically covered include:
- Slips — From wet or uneven surfaces.
- Trips — From loose flooring or clutter.
- Falls — From poorly maintained stairs.
- Burns — From faulty equipment or fixtures.
Even if the occupier hired someone else, like a cleaner or contractor, they can still be responsible if the premises weren’t made safe for visitors.
Examples of claims under the Occupiers’ Liability Act
To help you better understand how and where the act is used, we have compiled a few common examples of when a public liability claim legal basis might apply.
Slip in a supermarket from unmarked wet floor
If you fall and injure yourself after stepping on a wet patch with no warning sign, the store might be liable for not making the hazard clear.
Trip over damaged council stairs in a library
If a cracked or loose step causes you to trip and the council failed to repair it in good time, they could be responsible.
Burn injury from faulty spa equipment
If you suffer a burn from overheated equipment at a leisure centre because it wasn’t properly maintained, the centre might have breached its duty of care.
Child injured by unsecured furniture in waiting room
If a heavy cabinet tips over in a clinic’s waiting area and injures a child, the occupier could be liable for not securing it safely.
What evidence helps support your claim?
Strong evidence can make all the difference when pursuing a personal injury claim under the Occupiers’ Liability Act. It will help you prove that the occupier failed in their duty and that this failure caused your injury. These are four of the best pieces of evidence you can gather:
- Photos or videos of the hazard and surrounding area.
- Medical records showing the extent of your injuries.
- Witness details or statements from anyone who saw what happened.
- Maintenance records or prior complaints, especially in council or commercial settings.
This kind of evidence helps show that the danger that caused the accident was present, foreseeable and avoidable, all key to proving negligence and winning your case.
Can you claim under the Act if you were trespassing?
The Occupiers Liability Act 1984 extends the common duty of care towards trespassers in certain circumstances – namely, if the occupier is aware of any dangers or has reasonable grounds to suspect a danger exists on their property. In such instances, they have a duty to take reasonable care to ensure that trespassers are not injured by dangers on their premises
Additionally, the Act may also apply if the occupier is aware that their property is at increased risk of trespassing – such as farmland or land near a popular walking spot.
If you are unsure about your rights in this situation, get in touch with our experts to discuss.
How Injury Lawyers 4u can help
If you’ve been injured on someone else’s property, Injury Lawyers 4u can help you understand your rights and take action. We specialise in claims under the Occupiers’ Liability Act and can help you identify who was responsible, gather evidence and guide you through every step of the process. What’s more, we work on a no-win, no-fee basis, so there’s no upfront cost or added stress.
Whether your injury happened in a supermarket, a council building or a private property, you don’t have to face it alone. Get in touch today to begin your claim.