Occupiers’ liability claims

Penningtons Manches Cooper’s experienced personal injury solicitors advise on occupiers’ liability claims involving injuries caused by unsafe or hazardous conditions on premises owned or managed by another person. We provide clear, practical advice to clients who have suffered harm in public or private spaces, tailoring our support to the specific circumstances of the accident, the nature of the property, and the extent of the injury.

Expert occupiers’ liability injury claim solicitors

Many personal injury claims arise from incidents that occur on premises such as shops, restaurants, gyms, or even the homes of private individuals. If you suffered an injury while visiting a premises where someone else had control, you may be eligible to bring an occupiers’ liability compensation claim under the Occupiers’ Liability Act 1957. This legislation sets out the duty of care owed by occupiers to lawful visitors and outlines the circumstances in which they may be held liable.

To succeed in an occupiers’ liability claim, you must prove that the person or entity responsible was indeed an occupier under the Act. This depends on their level of control in relation to the danger that caused the injury. You must also show that you were a lawful visitor – either by express request or implied permission – and that the accident happened due to a hazard inherent in the condition of the property. Crucially, we must establish that the occupier knew or ought to have been aware of the danger, that the risk was foreseeable, and that failure to take reasonable steps to prevent this was the cause of your injury and/or losses.

Our solicitors are skilled in assessing whether reasonable care was taken in line with safety practices, and whether any breach of duty occurred. We investigate the facts thoroughly by gathering evidence about how the accident happened, the nature of the premises, who was responsible for them, what systems were in place to prevent accidents, and the likelihood that any risks present would cause harm. We consider the presence and role of any other occupiers and whether multiple parties share liability.

The communication was phenomenal, and they always made sure that we felt comfortable with every aspect of the correspondence and claim.

Every Occupiers’ Liability Act claim is different. We provide detailed advice and support from the outset, guiding you through your legal options and explaining the law in context. If a liability claim is viable, we help you to prove fault, value your injury claim, and pursue compensation on your behalf. Where appropriate, we seek interim payments and keep you informed about the likelihood of settlement or the potential need for court proceedings.

If you’ve been injured on someone else’s premises due to their failure to take reasonable care, contact Penningtons Manches Cooper for expert advice on occupiers’ liability claims. We offer an initial consultation and can advise on how to proceed.

How we help our clients

Legal advice on occupiers’ liability claims following injuries in public or private spaces

Support with evidence gathering and identifying legally responsible occupiers

Assessment of health and safety procedures, site hazards and prior warnings

Guidance on Occupiers’ Liability Act claims and applicable legal tests

Representation for personal injury claims under occupiers’ liability law

Assistance with interim payments and recovery of medical expenses

Advice on how much compensation may be available

Full representation through the occupiers’ liability claim process, including court proceedings if required

Useful resources

Funding a personal injury claim

Making a personal injury claim

Those representing me showed a strong awareness of my injury and the effects on my life, which was reflected in the way they conducted my case.

The team offers a high level of expertise and client-focused guidance. From the beginning, contact and engagement has been professional, caring and comprehensive.

The team are prompt and clear with their knowledge, and explain things easily and in a way that demonstrates deep understanding of the processes involved.

The whole team is superb and works well together. The level of expertise is excellent.

Leading practice, well known for its expertise in catastrophic injury cases, particularly matters arising from RTAs. Handles a range of claims pertaining to fatal accidents, head and spinal injuries and amputations.

Recent work highlights

Claim for uncovered manhole accident

Settling damages from the employer of a security guard who fell down an uncovered manhole while patrolling his employer’s premises one evening, suffering upper limb fractures and soft tissue injuries to the whole of his body.

Laceration due to broken window in student house

Agreeing damages for a young student resident against his landlord following a significant laceration to his wrist resulting from the unsafe state of a broken window. He required emergency surgery for complete tendon division.

Falling metal site hoarding injury

Securing damages for a pedestrian whose elbow was fractured after being hit by a metal hoarding with such force that he was knocked to the pavement while he was walking past a building site.

Fall from unsecured hostel window

Representing a student who sustained multiple injuries while staying at a youth hostel with friends. During the night, he rolled against the window adjacent to his bunk bed, the window frame gave way and he fell onto the pavement below.

Landlord liability for known hazard

Recovering damages for a tenant hit by falling roof tiles outside their home in circumstances where the landlord was aware that a section of the roof was unsafe and that there was a risk of falling tiles but took no action.

Dangerous unlit pathway at social club

Acting for an elderly man left paralysed after a fall at a social club. The lighting outside the building was not working and no steps had been taken to manage the risks this presented. Our client fell off the raised path in the dark and sustained spinal injuries.

Case studies

We recently concluded a complex claim against an employer and occupier, as a result of our client sustaining serious injury following a fall from a roof on which he was working.

Our personal injury team acted on behalf of a man who sustained life-changing injuries after falling from a hospital roof while in a confused and agitated state. He had attended the hospital’s Accident & Emergency department.

We have represented a woman who suffered serious injuries after slipping and falling in the communal area of an office building where she was attending a job interview.