PI Brief Update

Dealing With Occupiers’ Liability Claims: the Law, Case Summaries and Gathering Evidence - Andrew Mckie, Clerksroom

21/06/14. Occupiers’ Liability Act cases are possibly one of the most common types of slipping and tripping cases that the claimant lawyer will deal with. The claimant’s solicitor will commonly find that these types of slipping and tripping accidents occur in supermarkets, shopping centres and other licensed premises where there is a risk from either tripping or slipping accidents.

This chapter will deal with slipping and tripping cases in relation to supermarkets, shopping centres and other licensed premises, on private land where the Occupiers’ Liability Act 1957 is likely to apply. This chapter in particular will look at how to deal with these cases economically and efficiently and the ways in which these types of cases can be investigated particularly with references to fixed costs post-Jackson.

This chapter is aimed to be a quick reference guide for the majority of Occupiers’ Liability 1957 Act cases. It should be borne in mind that Occupiers’ Liability Act cases can encompass a large cross sector of potential accident scenarios that will not be covered by the scope of this chapter, but the chapter is designed to provide a starting point for the investigation into these types of cases.

The Duty Under The Occupiers’ Liability Act 1957

The Occupiers’ Liability Act 1957 sets out the duty of care required in relation to such cases and is as follows:-

“The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which she is invited or permitted by the occupier to be there”.

In other words, in order for the claimant to recover damages under the Act the claimant must...

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