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Occupiers liability claims

If you've been injured on unsafe premises, you may be entitled to make an occupier’s liability claim. Those responsible for the property had a duty to keep you safe, and if they failed, we can help.

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Author

Stephen Hussey

Associate, Head of Personal Injury

Reviewer

Jenny Stevenson

Associate & Head of Personal Injury

Last Updated

19th July 2026

Can I make an occupier’s liability claim?

You may be able to make an occupier’s liability claim if you were injured on someone else’s premises because of unsafe conditions that were not your fault. Under the Occupiers’ Liability Act 1957, anyone responsible for a property has a legal duty of care to ensure visitors are reasonably safe. This includes businesses, councils, and other public bodies. If they failed to meet that duty, and you were injured as a result, you may have grounds to claim compensation.

Claims often arise where a hazard was known, or should have been known, but wasn’t dealt with in time. Common failures that can form the basis of an occupier’s liability claim include; failure to remove spillages or hazards promptly; failure to put up warning signs or mark hazards clearly; poor maintenance of buildings, walkways, or equipment; unsafe environments or contamination risks; failure to follow health and safety procedures set by the Health and Safety Executive.

These failures can lead to accidents in a wide range of settings, including slips in supermarkets or restaurants, and injuries in car parks, hotels, gyms, rented properties, or public buildings.

If you’re not sure whether your situation qualifies, a specialist solicitor can help. In most cases, you have three years from the date of your accident to make a claim, but there are exceptions. Our specialist solicitors will guide you through the compensation process with clarity and care.

Example of an occupiers liability claim

Someone slips on a wet floor in a supermarket. No warning sign had been put out, and the spillage had been reported to staff some time before the accident. As a result, they suffer a broken wrist and are unable to work for several weeks. If the supermarket failed to act within a reasonable time after being made aware of the hazard, this could be a valid occupier’s liability claim.

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What compensation can help with

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Covering your losses and supporting your recovery.

Compensation in an occupier’s liability claim is designed to acknowledge that something went wrong. But it’s also there to ensure you’re not left out of pocket because someone else failed to keep you safe.

The amount you can claim depends on your individual circumstances, including the severity of your injuries, how your life has been affected, and any financial losses you’ve incurred. Every occupier’s liability compensation claim is different, but there are common areas that compensation can cover.

Successful occupier’s liability claims may help fund:

  • Pain, suffering, and loss of amenity caused by your injuries
  • Loss of earnings if you’ve had time off work
  • Medical treatment, physiotherapy, and rehabilitation costs
  • Travel and transport costs related to your injury and recovery
  • Ongoing care or support needs
  • Any adaptations or specialist equipment required as a result of your injury
Understanding the potential value

Straightforward claims, such as a soft tissue injury following a trip, may settle relatively quickly. More serious cases involving significant or lasting injuries will typically involve a higher settlement figure.The value of your claim will depend on factors including the nature and severity of your injury, the impact on your ability to work, and any ongoing care or support needs. We can give you a clearer estimate once we’ve reviewed the details of your case.

Understanding special and general damages

A settlement is made up of general damages and special damages. General damages address the non-financial impact of your injury, including pain and suffering and the effect on your day-to-day life. Special damages cover the specific financial losses you can evidence, from medical treatment and rehabilitation costs to lost income and travel expenses. Our team will make sure both are carefully calculated and properly reflected in your claim.

Why choose Fletchers for your occupier’s liability claim?

Our personal injury department includes an established team, specialising in occupiers liability. These cases come with a certain level of complexity, and it is important to have a team around you that is familiar with the process and the typical challenges that might come up. Occupiers liability cases require careful investigation and the right expertise. At Fletchers, our personal injury solicitors have extensive experience handling occupier’s liability claims, and we know what it takes to build a strong case on your behalf.

Expertise you can rely on

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You're not alone

We understand what you're going through.

Being injured in a place you expected to be safe can be deeply unsettling. Whether it happened in a shop, a car park, a leisure facility, or somewhere else entirely, the physical pain is often compounded by the stress of not knowing what to do next or whether anyone will take responsibility.

In addition to the physical stresses, you may also be dealing with time off work – and a loss of earnings – medical appointments to aid your recovery, and financial pressures while trying to get well. It’s a lot to manage, and it’s natural to feel uncertain about whether making a claim is even worth pursuing.

Many of our clients come to us in exactly that position. They’re unsure whether they have a case, worried about the process, and not knowing who to trust. Our solicitors are here to help, listening to your concerns, explaining the process, and taking on the hard work on your behalf. We’ll assess your claim honestly, build your case, and keep you informed at every stage so you can focus on recovery.

FAQs about occupiers liability claims

How much compensation can I get for an occupier’s liability claim?

The amount you can claim depends on the severity of your injuries, the financial losses you’ve incurred, and how your life has been affected. There is no single figure that applies to every occupier’s liability claim. Once we’ve reviewed the details of your case, we can provide a clearer estimate of what your claim may be worth.

How long does an occupier’s liability claim take?

The length of time varies depending on the complexity of your case. Some straightforward claims settle within a matter of months. More complex cases, particularly where liability is disputed, or injuries are serious, may take longer.

We’ll give you a realistic timeframe once we understand the details of your situation, and we’ll keep you updated throughout.

What is the time limit for making an occupier’s liability claim?

You typically have three years from the date of your accident to start a compensation claim. There are some exceptions to this rule, for example, if the injured person is a child, or if the injury only became apparent some time after the accident. If you’re unsure whether you’re still within the time limit, our team can let you know where you stand.

What evidence do I need to support my occupier’s liability claim?

The more evidence you can gather, the stronger your occupiers’ liability claim is likely to be. Helpful evidence includes:

  • The date and location of the accident
  • Details of who the incident was reported to at the time
  • Photographs of the hazard or the cause of the accident
  • Witness details, if available
  • Medical records relating to your injury

 

Don’t worry if you don’t have everything. We’ll help you establish what’s needed and guide you through the process of building your case.

Who is responsible for my safety on someone else's premises?

Under the Occupiers’ Liability Act 1957, anyone responsible for a property, including businesses, councils, and other public bodies, has a legal duty of care to ensure visitors are reasonably safe. This means they must regularly inspect and maintain their premises, address hazards within a reasonable timeframe, and provide clear warnings where risks cannot be immediately removed.

If they fail to meet these responsibilities and you are injured as a result, you may have grounds to claim compensation.

Can I claim if the accident was partly my fault?

Yes, in some cases, you can still claim if you were partly responsible for the accident, for example, if you ignored a warning sign or were not paying attention. Although this may reduce the amount of compensation you receive.

This is known as contributory negligence, and it does not necessarily prevent you from making a claim altogether. We’ll assess your situation honestly and advise you on the likely impact and outcome.

What support will I receive during my occupier’s liability claim?

From the moment you get in touch, our focus is on making the process feel clear and manageable. We’ll assess your case for free, explain your options, and if your claim is valid, represent you on a ‘No Win, No Fee’ basis.

Our solicitors will gather the evidence, deal with the responsible party, and keep you informed at every stage. You focus on your recovery; we’ll handle the rest.

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