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Occupiers Liability

According to the occupiers liability, the occupier can be sued for damage as well as injury that occur due to the state of the shop. This law of liability is regulated by the occupiers liability act 1957 as well as 1984. Under this act, the occupiers are fully liable as well as accountable for such shop accidents and the occupiers are generally sued as per the rules and norms of civil courts.

The responsibility involved with the act of occupiers liability currently falls under the reform division of civil law. This legislation regulates all the levels of responsibility that is attached with the occupiers of the land for taking good care of the people coming on their lands for living.

This liability also includes slip and trip accidents, falls as well as personal injuries to name a few.

How access affects occupiers liability?

On the access shop, the occupiers generally enjoy substantial level of liability towards the members of public that are using this right to access to the property. The liability level simply drops from its current level that is owed towards the trespassers.

The high level of the occupiers liability that is being faced by them includes the people such as gamekeepers, invited to live upon their lands. As per the current scenario, the occupiers have the duty of care towards the trespassers in order to avert danger being posed by any of the hazards.

Liability towards persons on the land of cross access

In most of the cases, there is a much reduced liability level whenever the access rights of cross get in force in case of the shop accidents. This high level of the care does not cover the people that are exercising the access rights of crow, although, it applies to the people invited as well as permitted on the lands.

Along with this, the lower duty of taking care is also being covered under the act of occupier’s liability 1984 and following are presented some of the duties:

  • Any of the natural features of landscape (including shrub, tree or ditch) should not affect the person occupying the shop.
  • Persons passing over, through or under any kind of fence gate or wall should be fully protected as per the law.

So, in case, you have become victim of any such shop accidents and fall under the category of occupier’s liability can take the help of solicitors that have specialised knowledge in this law.

Cyclist knocked over by car
Mr G was knocked off his bicycle by a car pulling out of a side road, fracturing his left leg. The defendant insurers blamed him for the accident alleging he had ridden on the pavement and not given way to their car. Cooks obtained photographs and sketch plans of the accident site and agreed with Mr G to issue his claim. As soon as the documents were lodged with the Court, the defendant insurers accepted liability and settled the claim in the sum of £5,420.58. He said:
"Excellent service – I cannot thank you enough for all the help and advice that I received from my Solicitor. No regrets choosing Cooks Legal 100%."
Mr G from Middlesex