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Occupiers Liability

Any occupier of a premise has what is known as a duty of care to visitors to his/her premises. The occupier does not have to be the owner of the premises and in many cases is a person leasing a business premises. HD Keane can easily ascertain to what extent occupiers of property are liable for injury or damage caused to visitors to the property.  This varies on a case to case basis. For example, if the owner of your premises engaged a team of shop fitters to conduct a revamp of your shop or premises, one of the shop fitters gets injured on your premises, both the owner of the building and the shop fitting company may be liable under occupiers liability.

If for example, there is a spillage in your shop, you put out appropriate signage and a visitor to the shop still manages to slip on the spillage, this is what is commonly known as contributory negligence where the person who suffered the loss or damage was also negligent, which may reduce the amount of damages awarded to them.

HD Keane are specialists in representing companies/businesses who have received a claim for damages from a visitor to their premises who alleges to have suffered an injury as a result of a breach of duty of care.

HD Keane will help ascertain:

  1. Whether the event actually occurred

  2. Whether or not a duty of a care was breached

  3. Who is liable? Who has control of the premises?

  4. Was contributory negligence a factor?

  5. Advise the client in regards level of damages on a case by case basis

  6. How to deal with suspected offenders where you believe a person in your workplace has committed a crime against another person or property in the workplace

  7. Voluntary assumption of risk, for example where you subcontract an electrician to conduct some electrical work on your premises, the electrician gets electrocuted on your premises and claims that you are in breach of a duty of care

Occupier liability is a complex area of law and varies on a case by case basis.

HD Keane can provide you with expert advice into how you can limit your liability/exposure should such a claim for damages arise.

For a free half hour business consultation, call us today on 051 874856 051 874856 or simply email [email protected].