The Occupiers’ Liability Act 1957 and common law cover duties owed by occupiers to visitors on their premises. An occupier is anyone who owns or occupies premises, or has a 'sufficient degree of control' over an area; and might be a local authority, a company, or an individual. Consequently the occupier is responsible for ensuring the safety of those premises or that area, for other people. ‘Other people’ can include trespassers also, as covered by the Occupiers’ Liability Act 1984.

The definition of premises, for the purposes of the Act, can mean the land and any structure upon that land owned or occupied by the occupier. Therefore, premises can also include any fixed or moveable structure, such as a garage, an elevator, a playhouse, a lake or scaffolding.

Thus, occupiers’ liability insurance is a type of indemnification which covers the holder, should they be sued for negligence, with regard to an accident on their land or premises, in which another party is injured.

Most household insurance policies will include occupier’s liability insurance; which can indemnify another party who is in (or near) the insured person’s home and suffers injury or death, with cover up to approximately £2 million. For example, personal injury claims could result from accidents in a neighbour’s house such as slips, trips or falls within the property; or through being bitten by their dog.

If you have been injured in someone else’s home through the negligence of a householder and you wish to proceed with a personal injury claim, your solicitor would be able to find out whether the householder is insured, through the normal course of correspondence. Similarly, if you have been injured, through no fault of your own, in another place such as an airport, public swimming pool, or shop; you may be able to sue the insured occupier for compensation in the civil courts.

Legal aid is not available for personal injury claims; however, your solicitor may offer a no-win, no-fee agreement. This means you would not have to pay legal fees, should you lose your claim. However, there may be other costs to take into consideration, and these should be discussed with your solicitor in advance. There is generally a three year time limitation, in which to make a personal injury claim. Therefore, you should consult a personal injury solicitor without delay.

Last Updated on 29/08/2011