The issue of occupier’s liability hit the headlines recently with the case of Kylie Grimes – the young woman who tried and failed to sue her friend’s father for £6 million when she was left paralysed after hitting her head on the bottom of his swimming pool.
Miss Grimes’ claim against David Hawkins was based on the grounds he breached his duties under the Occupiers' Liability Act 1957.
She may have failed in convincing a court of any breach, but just how far does your duty of care extend with people on your property?
Senior Associate Solicitor Peregrine Lavington answers some common questions…
What is meant by occupier’s liability?
- Occupiers of premises such as shops, hotels and clubs have a duty to lawful visitors to see that they are reasonably safe “in using the premises for which he is invited or permitted by the occupier to be there". This is laid out in full in the Occupiers Liability Act 1957.
What is considered a defective premises?
- All sorts of things can make a premises defective – anything from a hole in the floorboards or damp. In terms of personal injury and occupier’s liability, a defective premises is one which is in some way hazardous, and could potentially cause a physical risk to others.
So this can also apply to rental properties?
- Certainly – a fairly common claim is a tenant alleging that a damp premises is causing asthma. There will probably be a claim under the Landlord and Tenant Act 1985 as well as the Defective Premises Act 1972. Landlords can also be liable to people other than tenants under the Defective Premises Act 1972.
Are there set guidelines for a safe premises?
- There are no statutory guidelines stating exactly what is deemed safe and what is not. It is a matter of using common sense, and taking reasonable steps to avoid what we call ‘slips and trips’.
You have to avoid hazards which are foreseeable, or which could lead to injury, such as things people can trip over like uneven carpet tiles. The classic example is a supermarket: there mustn’t be anything on the floor which can lead to someone slipping or tripping up, such as liquid on the floor.
If someone injures themselves on your premises, will they definitely succeed in a claim?
- If an accident occurs on someone's premises it is by no means certain that an injured person can succeed in a claim. In other words, the duty is far from absolute, and judges will apply the "common sense" test.
What kind of damages can be claimed?
- Damages fall into two categories: general damages and special damages.
General damages include pain and suffering, and loss of amenity – you are prevented from carrying out hobbies, or struggle with getting from A to B. Also, if you are handicapped on labour market – you are thrown out of job because of your injury and can’t find a new one.
Special damages include loss of earnings, and expenses for medical fees. You could of course be awarded for both.
How much compensation is typically awarded?
- It depends on the seriousness of the injury. If someone succeeds in making a claim after being injured on a defective premises, the seriousness of the tort – the wrong – doesn’t have any bearing on the amount of compensation (unless there is considered severe negligence, which is extremely rare).
Is it true that trespassers can claim if they are injured on your premises?
- Yes - rather controversially, trespassers are also protected by the Occupiers Liability Act 1984. I suspect this is largely historical as there were cases where trespassers were badly injured and did not receive compensation. An occupier owes a duty to whoever comes on his land.