Owners and occupiers of property owe a duty of care to all visitors under the terms of the Occupier’s Liability Act.

It is important however to distinguish between an accident which occurs when somebody is lawfully entitled to be on the premises and those which occur when an individual is trespassing. Whether you are a lawful visitor or a trespasser will depend upon the nature of the property and the purpose of your visit. You do not need permission to enter any premises which is open to the general public including for example shops, restaurants, hospitals, schools, railway stations, airports and public houses.

Lawful Visitors: Under the Occupier’s Liability Act 1957 the owner or occupier must take reasonable care to ensure that visitors will be reasonably safe when using the premises for its intended purpose. The property may have a variety of potential uses and unless you are acting in a particularly unusual manner, the law will assume that you were on the premises for the intended purpose. Accidents which commonly occur include slips, trips and falls due to the presence of debris on the floor or because of poor lighting and unexpected changes in floor levels.

Unlawful Visitors/Trespassers: Some limited duties are also owed to unlawful visitors or trespassers who gain access to properties without permission. This may include for example private land which does not contain a public right of way. Under the Occupiers Liability Act 1984 the occupier will owe a duty to the unlawful visitor where they may be aware of a particular danger on the premises. Natural hazards such as rivers and ponds will not represent a danger for the purposes of this legislation. In addition the Act recognises that on occasions a person will willingly accept the risk when they trespass on certain types of land in which case the occupier will owe no duty of care.

In the event that you suffer injury in a public place or as a visitor to private property, it may be possible to pursue a claim for personal injury compensation. At Sintons our specialist personal injury lawyers have a wealth of experience in pursuing accident compensation claims in such circumstances.

All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.

To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.