In this article, we will explain:
- What is an occupier's liability claim
- What are some examples of cases
- Who is an occupier
- When would an occupier be at fault
What is an occupier's liability claim?
This is a type of personal injury claim that arises when someone suffers an injury following an accident on somebody else's property or land.
This includes any premises which are privately owned, such as a shop, stadium, venue, shopping centre, leisure centre, car park, supermarket, or restaurant.
In Scotland, the law sets out the duty of care owed by occupiers to people on their property. An occupier is required to take reasonable care to ensure that a person will not suffer injury or damage by reason of any hazard or danger on their premises.
What is considered reasonable depends on the specific circumstances, including the risk involved and the nature of the premises. For example, there will be a higher standard expected of the flooring in a supermarket compared to the ground in an outdoor activity centre. Additionally, children are viewed as vulnerable and therefore higher standards of care will be owed to them due to the level of risks associated with vulnerable persons.
What are some examples of occupier's liability cases?
There are common scenarios associated with occupier's liability. Typical examples include:
- Slips and falls in supermarkets due to wet floors and no warning signs;
- Injuries from faulty staircases or broken handrails;
- Accidents caused by poor lighting;
- Children injured by unfenced swimming pools and uncovered manholes;
- Injuries from icy sidewalks outside shops
Who is an occupier?
An occupier is the person who has sufficient control of the premises, regardless of whether they are the owner or not. The key factor is control, not ownership. Some practical examples are as follows:-
- Wet floor spillage: a customer slips on a spillage in a supermarket aisle that was not cleaned up or marked with a warning sign;
- Falling stock: a customer is injured by items falling from a poorly stacked, high shelf;
- Faulty infrastructure: a customer falls in a restaurant due to a missing handrail on stairs or poor lighting in a corridor;
- Defective premises: a landlord is liable if a tenant is injured due to a known, reported, danger, such as a broken, unsafe window frame that causes a severe cut;
- Car park hazards: a visitor slips on ice in a commercial car park that had not been gritted during winter;
- Unlocked sites: a visitor is injured on a construction site that was left unsecure, such as an open trench or unsecure machinery.
There can be more than one occupier at the same time (e.g. landlord and tenant, or multiple tenants in control of different areas). Your solicitor will investigate who is at fault for your injury.
When would an occupier be at fault?
An occupier may be at fault when:
- A visitor suffers injury or damage;
- The injury or damage results from the state of the premises, or something which has been done or not done on the premises; and
- The occupier failed to take reasonable care to prevent that injury occurring.
Therefore, the occupier must take reasonable care to ensure that any person entering the premises will not suffer injury or damage due to the state of the premises, including:
- Ensuring the property is safe for use;
- Addressing known hazards (or giving adequate warnings);
- Maintaining the property in a reasonable condition; and
- Considering risks posed by ongoing work or temporary hazards.
The occupier must consider the age and capacity of visitors and a higher standard of care may be expected for children or vulnerable individuals.
If a visitor is warned of a danger, and understands the risk, then the occupier may not be liable.
What if the individual is a trespasser?
The law does not draw a strict distinction between lawful visitors and trespassers. This means that the occupier has a responsibility to all people who enter the premises, with or without permission.
If you would like specific, tailored advice about a potential claim, please contact the MFMac Personal Injury Team or call 0131 247 1000 for a free, confidential discussion.
