In the course of our everyday lives, we frequently visit premises which are in the occupation or control of others. We purchase groceries in shops and supermarkets, we may go to the gym, we visit the homes of others and we go to restaurants. It is important for those who occupy or control premises to take some interest in the health and safety of those who visit their premises, and so Parliament has enacted an Act known as the Occupiers’ Liability Act 1957 which imposes a duty on those in occupation or control of premises to take reasonable care for the safety of visitors.
There are numerous examples of cases where the duty under this statute may be breached. For example, if you visit a supermarket and slip on a piece of fruit that had been lying there for hours and was there to be seen by the supermarket staff, it may be considered that the supermarket has not taken reasonable care for your safety, because it should have removed the piece of fruit earlier. If you visit a shop and slip on a floor that has just been cleaned but where there are no signs indicating that the floor is wet, it may again be possible to claim that the shop was at fault in failing to take reasonable care for your safety by warning you that the floor was wet.
The Occupiers’
Liability Act 1957 expressly provides that an occupier must be prepared
for children to be less careful than adults. What this means is that
if an occupier could reasonably expect an adult to be aware of a certain
risk and avoid it, it may not be reasonable to expect a child to be
so careful.
Equally, however, adults are expected to take care for their own health and safety. If you suffer a slip in a supermarket on a piece of fruit but you failed to watch your step properly to avoid the fruit, the supermarket may well be able to argue that you were at least partly responsible for the accident, and this could reduce the amount of damages you recover.
If you wish to discuss a possible claim, please consult our Directory of Solicitors to find a solicitor in your area who may be able to help you..