What Is An Occupier’s Liability Claim?

Published on September 4, 2017

Occupier’s liability cases occur when someone becomes physically or psychologically injured due to unsafe conditions on someone else’s premises. Injuries could be the result of a lack of signage, a lack of supervision, hazardous ice and many other potentially dangerous situations.

Often, occupier’s liability claims are made due to tripping or slipping. For example, you may have an occupier’s claim if you slipped on a wet floor in a shopping mall and sustained injuries as a result of your fall.

A large number of occupier’s liability claims occur due to injuries at shopping malls, bars, restaurants and other businesses that have a large number of people. However, occupier's liability claims can also occur due to injuries that were sustained at private residences.

An “occupier” of property can refer to an owner, landlord, tenant or anyone else who owns, has responsibility for or control of the condition of a property and/or the activities that take place on that property or the people who are allowed to enter that property. Keep in mind that there can also be more than one occupier of property.

According to the The Occupier’s Liability Act, it is essentially the occupier’s duty to keep their premises reasonably safe.

What Is An Occupier’s Liability Claim?

Occupier’s liability claims are designed to compensate for any losses that occurred due to negligence. For example, individuals will be able to claim expenses paid out of pocket, as well as lost income and medical and/or rehabilitation costs that occurred as a result of their injury.

In order to succeed with your occupier’s liability claim, you must prove the following:

  1. That the occupier did not meet the standard of care required to keep the property safe. This may require acquiring further information as to the occupier's inspections, construction or cleaning standards, among other things.

  2. That the occupier's negligence was the cause of your injuries. In other words, your injuries must be directly caused by negligence and not another variable or event like tripping over your shoelaces.

  3. That you suffered “damages” as a result of this negligence. This requires providing medical evidence of your injuries and how your impairment may have disrupted your social and/or occupational functioning, among other things.

Sean Giovannetti is a personal injury lawyer with extensive experience, handling dozens of occupier’s liability claims over the last two decades. He will get you the compensation you deserve. For more information, please contact us today.

 

Found in: Claims