Occupiers Liability requires that the person (an individual, an organisation) in possession of premises owes a duty of care to those who come on the premises and must take reasonable care to protect them from harm that might come through their programs, on their premises or at the hands of a third party on the premises.
If for example you slip in a Restaurant you can bring a claim because the owner of the Restaurant (the occupier) has a duty to make sure you are reasonably safe whilst visiting their premises.
These claims cover accidents where you have been allowed to enter a building or land which is owned by someone else. Whilst in the building or on the land you are then injured due to something they have done (for example – left an obstacle in the way that you tripped over) or something they have not done (for example failing to put a handrail on the staircase).
Occupiers Liability Case Study 1
Our Client fell down the unsafe stairs in her flat and through a glass panel. She suffered a pelvic injury, cracked ribs, cuts and bruises to her face and depression.
We successfully recovered £18,250 compensation for her pain and suffering and a further £3,250 for her out of pocket expenses.
Notes:
Some buildings are just unsafe, and a landlord can be liable for any injury caused.
It cost our Client nothing to pursue the case. Nor was she at risk. We bought insurance to cover her potential liability to the defendants if she lost, and the risk born by us of losing was covered by a sum added to the costs paid by the defendant.
(The value of the compensation claim was correct at the time of settlement. The value would be higher if settled today).
Occupiers Liability Case Study 2
The Claimant was having lunch at a local supermarket cafeteria when she was struck by a shard of material from a piece of crockery which had fallen from an overloaded tray being carried by an employee of the supermarket. The shard struck the Claimant to the rear of her right heal causing a wound and significant bleeding.
She was taken to Casualty where her wound was cleaned and five stitches where inserted. X-rays confirmed that there were no further foreign bodies left in the wound.
The stitches were removed seven days later but after that the wound split open and was infected. Paper stitches were applied and antibiotics prescribed.
As a result of the accident her sleep was disturbed and she experienced a significant lack of mobility.
The medical report confirmed that due to the lack of mobility she was experiencing stiffness in both legs and having to use a stick to get about. Accordingly a short course of physiotherapy was arranged. The Claimant’s symptoms resolved fully within twelve months.
The Claim was settled for £3,000.00 compensation for the accident claim.
(The value of the compensation claim was correct at the time of settlement. The value would be higher if settled today).
For more information or to speak to our team about a possible claim please call us on 0161 785 3534.
Team: Vijay Srivastava and Shalish Mehta
Vijay Srivastava
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