Occupiers Liability Claims
An occupiers liability claim can be made when injury or illness is sustained as a result of poorly maintained private property or land.
Whether we are walking through a supermarket, taking the stairs at a swimming pool, running through a park, visiting an art gallery or using a lift at a sports complex, when we are on private property, the owner (otherwise known as the ‘occupier’), has a duty of care.
Duty of Care
The duty of care is further covered under the Occupiers Liability Act 1957, helping to protect people even when they are visiting private property.
Understanding the Occupiers Liability Act 1957
Before we outline the Occupiers Liability Act, it is best to be familiar with the following terms:
Occupier: Person in control of the premises
Visitor: Any person entitled to be on the property
Trespasser: Any person not entitled to be on the property
The Occupiers Liability Act 1957 outlines the duty of care that an occupier owes to visitors of their ‘premises’. Where the occupier has been negligent in ensuring the maintenance and safety standards; preventing injuries to those making use of their premises, they are in breach of the Occupiers Liability Act 1957.
When we speak of 'the premises' belonging to the occupier corresponding to the Occupiers Liability Act, it incorporates not only land and buildings but also mobile structures. This includes any aircraft, vehicle, or vessel.
Accidents in transit
In addition to injury while visiting privately owned places: if you are involved in an accident whilst, for example, flying for business, sailing for your summer holiday or driving in a rental car, you may have the right to make an occupiers liability claim.
Protection of trespassers
Since the Occupiers Liability Act 1957, a revised 1984 Act was agreed which recognised that the occupier also owes a duty of care towards trespassers – those who are unlawfully on their premises.
Can I make an occupiers’ liability claim?
If you have incurred an injury or illness as a visitor to a privately owned and managed property due to a lack of care or maintenance of safety standards, you may be entitled to make an occupiers liability claim.
Examples of claims
There are a number of claims which can be made following the introduction of the Occupiers Liability Act. Some examples of such claims are:
- Stairs or a ramp leading to a building that was not deiced causing a fall
- A supermarket failing to place a wet floor sign causing slippage and injury
- Injury caused by falling objects of poorly structured shelves
- A fall from faulty play area equipment
- A hire car malfunction causing a crash
What you can expect
From our extensive experience with occupiers liability claims we can truly understand the impact that injury and illness can have on a person, their family and their livelihood.
The physical damage can not only lead to time away from work and medical costs, it can manifest into emotional damage too – particularly in cases where the injury is irreversible.
Whether that is your story or not, AWH Solicitors can promise a secure, sensitive, and supportive legal process. A process driven by our determination to see you win the compensation you deserve.
Our dedicated team of experienced personal injury lawyers work on a no-win-no-fee basis, meaning you can forget about the financial stress.
Our transparent approach allows you to be as involved as you wish, though we will always keep you up to date with important information.
To learn more about how the team at AWH Solicitors can see that you are awarded the compensation that you deserve, or to make your occupiers liability claim, please get in touch.
Our Success with Occupiers Liability Claims
AWH Solicitors have a wealth of experience supporting clients making successful occupiers liability claims, supporting clients through every step of the legal journey and work hard to ensure their compensation claim process causes as little disruption as possible.
If you have suffered an injury or illness as a result of property disrepair or carelessness it is important that you understand your rights and who can help.
Have You Suffered from a Personal Injury Obtained on Private Premises?
At best, such an injury will be an inconvenience; however at worst, the personal injury sustained on private property can have a life-altering impact on the life of the injured person and their loved ones.
If you find yourself injured as a result of poorly maintained privately owned land or property, looking for legal advice and taking legal action can seem extremely daunting.
We understand you can feel uncomfortable taking the first step towards claiming your compensation, especially after the distress you have already experienced from your injury.
That is why we handle each case with the upmost dedication and care and treat each of our clients with the respect and dignity they deserve.
AWH Solicitors supports clients with their personal injury claims on a no-win-no-fee basis. This means that as a client, you won’t put yourself at any financial risk.
If your case isn’t successful you don’t pay a penny, and if you do win, then you will keep all of the compensation awarded.
We promise our clients 100 percent compensation and no hidden costs for successful injury claims.
Full transparency at all times
We aspire to be completely transparent on pricing from the beginning, so none of our clients will ever be surprised at the end of the process.
Furthermore, we believe advice and support from our team of solicitors should be affordable to those in need.
No win no fee and legal expenses
Our no win no fee solicitors in Manchester regularly assess the prospects of winning your case at all stages of your claim.
If we are able to offer you a Conditional Fee Agreement for your claim, you will not have to pay our legal costs, however, if you lose your claim you may have to pay your opponent’s legal costs.
Legal expenses insurance, which is often provided with some motor insurance policies, can be used to pay your opponent’s legal fees. To protect you, we take out a legal expenses insurance policy for you when taking on your no win, no fee claim, if you do not already have a policy.
Disbursements for legal costs
If you win, your opponent will pay the majority of your legal costs and disbursements.
Any legal costs which are not paid by your opponent may be deducted from your compensation. However, you will not pay anything if your claim is unsuccessful and not until it has come to the end.
Please be aware that cost may differ depending on your personal circumstances.
Our Promise to You
Approachable and friendly solicitors
We are committed to delivering a truly personal service that puts you and your wishes first. Our team will always be on hand to support you, regardless of the time or location.
Award-winning service across our fields of expertise
Our high standards of service are applied consistently across all of our departments. Regardless of your enquiry, you can expect to receive the best legal advice delivered in a sympathetic manner.
Advice tailored to your needs
We take the time to listen to your needs and offer guidance that is best suited to your current situation.
There is no ‘one-size-fits-all’ solution when it comes to any area of law; every case requires a tailored approach and you deserve a solicitor who understands this.
Outstanding customer service and care
Our reputation is largely built on the exceptional level of client care we continue to deliver.
Every case is handled with the utmost level of respect and many of our clients have recommended us after building an invaluable relationship with our solicitors.
Transparent on fees and processes
Transparency is very important to us as we want you to feel confident in our services.
We adhere to providing full transparency on fees, ensuring that you know exactly what you are paying for and keep you updated on the progress of your case along every step of the way.