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Occupiers Liability
Anyone who owns or occupies land or property has a responsibility to lawful visitors (and to a lesser extent even to a "trespasser") not to expose them to danger on such land or property. It is this potential responsibility that encourages owners to insure against Public Liability by means of a home insurance policy. This is usually standard on Home Insurance Policies.
For anyone injured as a result of a danger on land or property compensation may be available if injury occurs eg in the event of a fall from height or a slip on a poorly maintained surface. Certain sites involve particular dangers, especially those that are derelict or poorly lit.
In addition, responsibility may attach to a particular individual who caused a danger by their actions or inactions, leading to the creation of a hazard. By way of example, Fosters has handled three cases to a successful outcome and payment of compensation where:
- A supermarket staff member dropped yoghurt on the floor of the store and failed to clean it up. Our client fell and injured their spine;
- A company covered a hole in a car park with plywood and then tarmaced over it. A vehicle collapsed into the hole causing injury to its occupants;
- A firm left an iron bar across an accessway which a visitor fell over causing a hand fracture.
General responsibility results from the Occupiers' Liability Acts 1957 and 1984 which say that a duty of care is owed to visitors and to a lesser degree to trespassers to take reasonable care to see that people are reasonably safe in using the premises they occupy.
The duty is higher as regards children but does not extend to those willingly accepting a given risk.
Local Authorities have a duty to maintain the highway. This includes pavements under the Highways Act rather than the general responsibility above. They have a defence if they can prove reasonable inspection and repair. The extent of any defect causing injury needs to be proportionate to the type of road or footpath.
The Law may be complex but if you have been hurt then the rule is always ask experts here at Fosters.
For an initial free consultation or to obtain further details, please contact us.
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The Personal Injury Team
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