Occupiers Liability Lawyers
The “occupier” of a property is supposed to ensure that their property is safe for people to use as intended. If they fail to keep the property safe for reasonable use and someone is injured because of that, the injured person can sue for damages under the Occupier’s Liability Act.
There are a number of things that can make a property unsafe, but some of the more common issues are slippery or wet floors, dangerous walkways or stairs, poor lighting, debris on the floors, ice or snow, oil or other slippery substances on the floor, exposed wiring, burns, malfunctioning equipment, exposure to unsafe substances, negligent security, negligent employees or contractors.
Who Has Occupier’s Liability?
An occupier of a property isn’t only the owner. If a company or individual has control over the premise and responsibility for the activities conducted on the premises and the personas allowed to enter the premises they are considered an occupier under the act.
Common places where Occupier’s Liability comes into play are:
- Private Homes
- Retail Stores
- Grocery Stores
- Apartment Buildings
- Community Centres
- Bars and Pubs
- Concert Halls
- Night Clubs
Any property can attract occupier’s liability, however that doesn’t necessarily mean you have a claim. In order to support a claim you need to show that the occupier owed you a duty of care in the circumstances, that the occupier breached that duty of care and that breach lead to you suffering injuries.
Compensation for Occupier’s Liability Negligence
If you are injured while on another’s property due to it being unsafe, or due to the negligence of the property owner or their employees or agents, you could have a claim for damages including damages for:
- Pain and suffering (called non-pecuniary damages)
- Past wage loss
- Loss of earning capacity
- Loss of housekeeping capacity
- An in-trust claim
- Cost of future care
- Special (out of pocket) damages
If you are injures at a premises occupied by another company or person you may have a claim. It’s always smart to take photographs of the scene of the accident and get contact for any witnesses that may have seen what happened.
It’s also important to report the accident to the occupier of the property or their representatives so they can prepare an incident report. If you were injured and did not notify the occupier or their representative, you should phone them as soon as possible to notify them of the accident and when it occurred so there is a record.
Make sure to seek medical attention right away. It’s important to have your injuries treated and documented so an insurance company can’t try to allege that some other incident is the cause of your injuries.
Lastly do not sign any documents for the occupier’s insurance company. Their insurance company does not have your best interests in mind and are only looking to limit their exposure. If you have an occupier’s liability claim contact a lawyer with expertise in this area for assistance.
Contact the lawyers at Taylor & Blair LLP for help with your occupier’s liability claim.