Public and Occupiers' Liability Claims
If you have been injured as a result of an accident in a public place through no fault of your own you could be entitled to make a claim.
Claims may include:
- Slipping / tripping accident on a road or pavement
- Slipping / tripping or being hit by items falling from shelves in a shop
- Being injured by faulty goods
- Being injured on private property
- Being injured in a property you rent due to a failure of the landlord to maintain the property
- Being injured in a school
- Being injured in a public place
The Occupiers Liability Act 1957 and 1984 provide rights to visitors of premises who sustain injuries as a result of the people with day to day control of the premises failing to maintain the premises adequately or at all (this may not be the people who own the premises).
Shops are required to have a regular system of cleaning and inspection in place. If they fail to do this it can result in slipping and tripping accidents. Shops are also obliged to ensure that their shops are safe for their customers. If they fail to do this, they breach their duty of care they owe to you.
The Local Authority have an obligation under the Highways Act 1981 to carry out a reasonable system of maintenance, inspection and repair of roads and pavements. If they fail to do this it can result in slipping and tripping accidents. If a defect is more than 1 inch the claim may succeed unless the Local Authority can show they have a reasonable system of inspection in place and the defect was not present at the last inspection.
Accidents can also occur with vehicles and bicycles if potholes form in the road. The Council are also obliged to follow a Winter Programme for the removal of snow and ice on the roads and pavements.
Call us on 01332 447 998 now to discuss your public or occupiers’ liability claim.
