Accident Outside
Introduction
Have you been injured as a result of an accident on someone else’s property
and you were a ‘visitor’ on this property, you may be able to get compensation from the ‘occupier’ of the property. Generally, you can only recover
compensation for injuries which you suffered in the 3 years immediately before you bring your claim. But, there are some exceptions and if you suffered your
injuries more than 3 years ago, you should consult a solicitor.
Summary of the law
If you were
injured on someone else’s premises, the ‘occupier’ of the premises may be responsible for your injuries. Generally, an ‘occupier’ is the person who has
‘control’ over the premises/land where you were injured. S/he may be the owner of the property, a tenant in the property, the local authority, a rail company
etc.
Under the Occupier’s Liability Act 1957, an occupier must take reasonable care to ensure that ‘visitors’ to his premises/land are safe when on the premises/land. You are a visitor if you had permission to be on the premises/land where you were injured. Permission may be given expressly (eg by an invitation to visit the premises). Alternatively, you might have had permission if you:
(i) lived on the premises;
(ii) were a workman on the premises;
(iii) are a postman/milkman;
(iv) were selling/delivering something;
(v) were asking directions.
Because the occupier only has to take reasonable care for a visitor’s safety, he may not be responsible for your injury if:
(i) he gave a written or spoken warning about the danger; or
(ii) there was a notice of some kind saying that the occupier would not be responsible.
But, if the occupier did not take reasonable care to ensure your safety whilst you were on his premises/land, you may be able to sue him on two counts. First, for being careless (negligent). Second, for failing to comply with the law, ie with the Occupier’s Liability Act 1957. The two claims are very similar. In both instances, you must show that you were injured because of something which the occupier did or failed to do. If you would have been injured anyway, the occupier will not be responsible.
If you are not a visitor, ie you had no permission to be on the premises/land, you may still have a claim against the occupier of the land/premises. You need to get specialist legal advice in this case.
You can claim compensation for:
(i) the pain and suffering your injuries
caused; and
(ii) for not being able to do or enjoy certain things, as a result of your injuries (eg play with your children, play sport etc); and
(iii) loss of present and future wages, caused by the injury. You will
have to prove that the injury prevents you from working and how much you used to earn; and
(iv) expenses you suffered or will suffer in the future because of your injury, eg travelling to receive medical treatment, the cost of medication and equipment you need because of your injury, the cost or value of care given to you (by a professional, friend or family member.
You may be able to claim interest on your compensation. But, your compensation may be reduced if you were partly to blame for your injuries, eg
because you did not take enough care for your own safety or you failed to comply with any obligations the law put on you. Your compensation may also be
reduced by the value of any state benefits you received in compensation for loss of wages, loss of mobility and care.
Normally, you will start your case at the county court, using form N1. However, if you are seeking more than £50,000 in
compensation, you should start your claim in the high court.
