Occupier's Liability Claims
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In Scotland, occupiers’ liability refers to the legal duty of care that a person or organisation (an ‘occupier’) has to anyone who enters their property.
Under the Occupiers’ Liability (Scotland) Act 1960, an occupier must take reasonable care to prevent visitors from being injured or having their property damaged due to dangers on the premises.
This can include hazards from the property’s condition or from anything the occupier has done or failed to do.
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Oakwood Scotland Solicitors are experts in Occupiers Liability Claims. We have over 20 years of experience in running and pursuing these claim types.
We will ensure that we update you at every stage of the case and you will have a dedicated handler from the very beginning. It can be very stressful after an injury and our team can assist you by breaking down the legal jargon during the process and listening to you.
When you instruct us, you can expect a friendly, down to earth approach together with extensive knowledge of the field which will be used to fight tenaciously with the insurers to achieve the maximum level of compensation possible for you.
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We work on a No-Win, No-Fee basis.
The experts in accidents at work claims
In Scotland, occupiers’ liability is the legal duty of care under the Occupiers’ Liability (Scotland) Act 1960, requiring occupiers to take reasonable care to prevent injuries or property damage from premises hazards. Discover how to claim the compensation you deserve.
If you have been injured or your property has been damaged on premises that are privately owned or rented in Scotland, you may be able to claim under the Occupiers’ Liability (Scotland) Act 1960.
This law holds an ‘occupier’, the person or body in control of the land or premises, responsible for the safety of visitors.
An occupier’s liability claim applies to a wide range of properties, including:
- Private land or public spaces not owned by a public body.
- This can include landlords, even if they aren’t living on the property, if they are responsible for its maintenance and repair.
- Buildings and structures.
- Vehicles, vessels, or aircraft.
In simple terms, an occupier’s duty of care is the legal responsibility a person or organization has to prevent visitors from being harmed on their property. This means if you occupy a space, you must take reasonable measures to protect people from potential dangers.
This duty applies to dangers arising from the property’s condition or from actions you’ve taken or failed to take. You are responsible for harm that could have been foreseen and prevented. The amount of care required isn’t a fixed rule; it’s about what a reasonable person would do to address a potential hazard in a specific situation. You are not expected to protect visitors from dangers that are obvious.
- Everyone on the property: Regardless of whether they have permission to be there. This means the law protects all visitors, including trespassers, unlike in other parts of the UK.
- Children: While parents are responsible for their children, an occupier must consider that certain dangers might not be as obvious to a child. If children are likely to be present on the property, the level of care shown must be adjusted to account for their lack of awareness.
The Act does not hold an occupier responsible for injuries if a person knowingly and willingly accepts a risk. For example, if someone is injured while participating in a risky activity like rock climbing, they are considered to have accepted the inherent risks. This is known as the legal principle of volenti non fit injuria.
Making a claim for an injury caused by adverse weather, such as snow or ice, can be challenging. While an occupier has a duty to take reasonable precautions to minimise risk, courts recognise the difficulties they face in managing unpredictable weather conditions.
The ‘Reasonable’ Test
An occupier is expected to take reasonable steps to clear snow and ice from their premises. If they fail to do so, and you are injured as a result, you may have a valid claim.
However, a court will consider what was ‘reasonable’ in the circumstances. For example, if there was a sudden, unexpected freeze overnight and someone fell the next morning, an occupier may not be held liable if they could not have foreseen or acted on the cold snap in time.
Navigating Your Claim
Cases involving cold weather and occupiers’ liability require careful legal expertise to investigate and build a strong case. Our experienced personal injury solicitors are well-versed in these types of claims and can help you determine if you have a case.
How to navigate your Occupiers' Liability Claim
If you were injured while visiting a privately owned or managed property in Scotland, you may have an Occupiers’ Liability claim. This applies to a vast range of locations, including:
- Supermarkets and shops
- Department stores
- Stadiums and event venues
- Garages and car parks
- Cinemas and leisure complexes
- The Duty of Business Owners
Businesses and property owners have a legal duty of care to ensure their premises are safe for visitors. This means they must take reasonable steps to protect you from hazards, such as dangerous conditions or anything that could cause you harm.
The specific safety measures required will depend on the type of business and its environment and should be outlined in a thorough risk assessment.
To make a successful claim under the Occupiers’ Liability (Scotland) Act 1960, you must prove that the occupier of the property was negligent. This is not a simple matter of showing that you were injured on their premises.
The core element you must prove is that the occupier knew, or should have known, about the danger and failed to take reasonable steps to prevent harm.
In court, several factors will be considered when evaluating your claim:
- The nature of the hazard.
- The extent of the injury or damage you suffered.
- The likelihood of the injury or harm occurring.
- Your age at the time of the incident.
- Whether you had permission to be on the premises.
Potential Defences for Occupiers
An occupier may raise one or more legal defences to your claim:
- Contributory Negligence: This defence argues that you were partly responsible for your own accident. If this is successful, any compensation you receive will be reduced based on your share of the fault.
- Volenti Non-Fit Injuria: This is the defence of “willingly accepted risk.” If the occupier can prove that you voluntarily accepted the risk of injury—for example, by knowingly participating in a hazardous activity—your entire claim could be unsuccessful.
If you are involved in an accident on a business’s premises, it should be recorded in their accident book. This allows for a review of safety procedures. If a failure in these procedures is found to have caused your injury, you may be entitled to seek compensation.
Note: If your accident occurred on a public pavement or road next to the premises, it would typically fall under a Public Liability claim, not an Occupiers’ Liability claim.
Knowing if your injury qualifies as an Occupiers’ Liability case is not your responsibility. When you contact us, simply provide the details of your accident and injury, and our legal team will handle the rest.
We will:
- Assess your case: We’ll determine if your situation falls under the Occupiers’ Liability law.
- Explain funding: We operate on a “no win, no fee” basis, which means there are no upfront costs to you, and no financial risk if your claim is unsuccessful.
- Make the claim: We will manage the entire legal process on your behalf.
- Calculate your compensation: With the help of medical and industry experts, we will assess your losses to determine the level of financial compensation you should seek.
Frequently Asked Questions
The primary difference between occupiers’ liability and public liability is the scope of the duty of care. Occupiers’ liability is specific to the safety of a premise, while public liability is a much broader category that covers an organisation’s general interactions with the public.
Occupiers’ Liability: Occupiers’ Liability Acts of 1957 and 1984 govern the duty of occupiers in England and Wales to ensure property safety for visitors, including trespassers, and typically involve injuries from unsafe conditions.
Public Liability: Public liability is a legal responsibility that covers a business’s liability for harm caused to the public, including incidents on their premises or elsewhere, often covered by public liability insurance policies.
Occupiers’ liability law addresses accidents caused by dangerous or unsafe conditions on a property. An occupier—whether it’s a private homeowner, a business owner, or a property manager—may be held responsible if they failed to take reasonable steps to prevent harm.
This type of claim can arise from a wide range of incidents, including:
- Slips, Trips, and Falls: These are some of the most common accidents. They often result from wet or slippery floors without warning signs, uneven flooring, or hazards like loose tiles and torn carpets. During winter, failure to clear snow or ice from pathways can also lead to a claim.
- Injuries from Faulty Equipment or Fixtures: Accidents can occur due to defective property features, such as broken handrails, unstable stairs, or malfunctioning elevators. In retail settings, claims may arise from collapsing shelves or displays.
- Outdoor Hazards: While local councils are typically responsible for public pavements and roads, occupiers are responsible for the safety of their own outdoor spaces. This includes hazards like potholes in a car park or defective play equipment in a private park or playground.
- Injuries from Falling Objects: These accidents happen when items fall from a height, such as products falling from shelves in a shop or loose fixtures like ceiling tiles or signs.
Occupiers’ liability compels those in control of a property to take proper precautions to prevent these and other types of risks, ensuring the safety of visitors.
If you have been injured on someone else’s property, you may be wondering how long you have to make a claim. The time limit for an occupier’s liability claim is typically three years from the date of the accident. This is known as the limitation period, as set out in the Limitation Act 1980.
However, there are important exceptions to this rule:
- For Children: If the person injured is under 18, the three-year period does not begin until their 18th birthday. This means they have until their 21st birthday to file a claim. A parent or guardian can also act as a ‘litigation friend’ to pursue the claim on their behalf before they turn 18.
- For Those with Mental Incapacity: The time limit may be suspended indefinitely if the injured person lacks the mental capacity to make a claim. If they later regain this capacity, the three-year period starts from that date.
- In Cases of Fatal Accidents: If the injury results in death, the family or representatives have three years from the date of death to file a claim.
- Involving Criminal Acts: If your injury was caused by a criminal act, the time limit may be different. Claims under the Criminal Injuries Compensation Scheme (CICS) have a two-year deadline.
Why You Should Act Quickly
Even with a three-year window, it is crucial to act as soon as possible. The sooner you begin, the easier it is to gather key evidence, such as:
- CCTV footage
- Witness statements
- Records of the hazard that caused your injury.
Delaying can make it much harder to build a strong case and prove negligence. If you are unsure about the time limits that apply to your situation, it is best to seek legal advice immediately.
Not necessarily. Most personal injury claims are resolved through negotiation or an out-of-court settlement. However, if the other party denies liability or won’t offer a fair settlement, court proceedings may be necessary.
Eligibility, additional awards and funding
Yes, in some circumstances. You can claim on behalf of a child under 16 or an adult who lacks mental capacity. In these cases, the court may appoint you to act in their best interest. This is done through a power of attorney or a guardianship order.
Yes, both past and future loss of earnings can be considered in a claim if supported by medical evidence.
If your injury is very serious and your ability to work in the future has been affected, you can claim for the disadvantage you will have when seeking employment in the future.
If you intend to claim loss of earnings, either past loss of earnings or future, it is important to retain the following documentation:
- Wage slips for the three-month period prior to the accident
- Wage slips for the period of absence
- Details of any other payments received
We offer a ‘no-win, no-fee’ funding option, which means that unless you win your case you will not have to pay anything. There are no hidden charges and we do not ask for any money upfront.
All we ask is that you uphold your side of the agreement, and we will handle the rest. Namely that you do not mislead us, co-operate with us and attend any scheduled appointments/hearing dates. If despite this, your case is unsuccessful, there will be no charge to you. If the case succeeds, there will be a deduction made from your damages which is discussed if your case is accepted by our firm.
Our Approach to Your Occupiers' Liability Case
At Oakwood Scotland Solicitors, we understand that an injury on someone else’s property can be a distressing experience. We are here to help you navigate the legal process and secure the compensation you deserve.
Our investigation is based on the principles of The Occupier’s Liability (Scotland) Act 1960, which requires occupiers to take proactive steps to ensure safety.
If you believe you have been a victim of occupier’s liability, contact us today for a free, no-obligation consultation. You can reach us by calling 0141 406 3324 or using any of the contact methods on this page. Let us help you get the justice you deserve.
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I was very happy with your service and am very grateful for your help. Ross was excellent in the way he dealt with my case.
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