Property owners and occupiers have a legal responsibility to ensure that visitors to their premises are reasonably safe. Whether you are a homeowner, landlord, tenant, or business owner, it is important to understand your duties under occupiers’ liability legislation and the potential consequences of failing to meet them.
What is Occupiers’ Liability?
Occupiers’ liability is the legal duty owed by those in control of premises to individuals who enter those premises. The key legislation governing this area is:
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The Occupiers’ Liability Act 1957 – This Act applies to lawful visitors and requires that the occupier takes reasonable steps to ensure their safety for the purpose they are invited or permitted to be there.
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The Occupiers’ Liability Act 1984 – This Act provides a more limited duty of care to people who enter the premises without permission, such as trespassers.
Lawful Visitors
A lawful visitor could include a guest, customer, contractor, or even someone delivering a parcel. Under the 1957 Act, an occupier must “take such care as in all the circumstances of the case is reasonable” to ensure that a visitor is safe during their visit.
Common hazards that could give rise to a claim include:
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Slippery or uneven flooring
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Poor lighting
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Unmarked steps or drop-offs
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Obstructions in walkways
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Loose carpets or trailing cables
If a lawful visitor is injured due to a hazard that the occupier knew about – or should have known about – the occupier could be held liable for damages.
Trespassers
For those who enter premises without permission, the occupier still has some obligations under the 1984 Act, but the threshold is higher. The occupier may owe a duty if:
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They are aware of the danger or have reasonable grounds to believe it exists;
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They know or have reasonable grounds to believe someone (even a trespasser) may come into the vicinity of the danger;
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The risk is one against which the occupier might reasonably be expected to offer protection.
This might apply, for example, if someone accesses a building site or disused property with known dangers and the occupier has not taken reasonable steps to prevent entry or mitigate the risk.
How to Protect Yourself as an Occupier
There are several proactive steps that can help reduce the risk of a claim:
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Regular Inspections: Check your property routinely for hazards, especially if it is open to the public or frequently visited.
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Prompt Repairs: Address maintenance issues such as broken handrails, loose tiles, or water leaks as quickly as possible.
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Clear Signage: Where hazards cannot be immediately fixed, provide clear warnings (e.g. “Wet Floor” signs or hazard tape).
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Lighting and Accessibility: Ensure that the premises are well-lit and accessible to avoid trip or slip hazards.
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Secure Entry: Prevent unauthorised access to areas that may pose a risk, such as basements, attics, or outdoor maintenance zones.
What to Do if a Dispute Arises
If someone suffers an injury on your premises and you believe a claim may be made against you:
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Record the Incident: Make detailed notes, take photographs of the scene, and retain any CCTV footage if available.
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Notify Your Insurer: If you have public liability or property insurance, inform your provider immediately.
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Seek Legal Advice: Early legal advice can help determine the strength of any potential claim and assist with your response.
Disputes arising from accidents on your property can be stressful, but with proper advice and support, you can resolve them fairly and efficiently.
For more information or advice on occupiers’ liability or dealing with claims, contact James Holton by emailing james.holton@dtmlegal.com. For more information on our services visit our Commercial Property and Property Litigation service pages.
