An occupier is not automatically liable for every accident. The claim must identify the dangerous condition, who controlled it, what should reasonably have been done and how the breach caused injury.
Key points
What to know at a glance
- Identify who controlled the location
- Photograph the defect promptly
- Request CCTV preservation immediately
- Ask for inspection and maintenance records
- Keep medical and financial evidence
Identify the location and occupier
Record the exact place, date and time. A shopping centre, pavement, car park or housing area may involve several bodies. The correct defendant could be an owner, tenant, contractor, council or public authority.
Photographs and measurements
Take clear photographs showing the defect in context and close-up, with a scale where possible. Return only if safe. Conditions may be repaired quickly, and later images should not be presented as if taken on the accident date.
Reports, CCTV and witnesses
Report the accident and request preservation of CCTV. Obtain names of staff and independent witnesses. Keep the incident reference. CCTV retention can be short, so delay may permanently remove objective evidence.
Inspection and cleaning systems
In a spillage case, the question may be whether a reasonable inspection or cleaning system existed and operated. In a defect case, notice, inspection, maintenance and statutory responsibility may matter. The mere existence of a hazard does not answer every legal issue.
Medical and financial evidence
Seek medical attention and keep records of treatment, travel, assistance and work loss. Describe how the accident occurred consistently. A later expert assesses whether the mechanism and symptoms are medically connected.
Defences and contributory negligence
The defendant may dispute the hazard, notice, causation or visibility and may allege that reasonable care was not taken. Footwear, lighting, warnings and route may be relevant but should be assessed fairly and in context.
Common questions
Frequently asked questions
Is the council liable for every pavement defect?+
No. The size, location, inspection system and statutory defence may be relevant.
What if the spill had just happened?+
Liability may depend on notice and whether a reasonable system could have detected it.
Can I claim if there was a warning sign?+
Possibly, depending on adequacy, position and whether the danger remained unavoidable.
Should I accept vouchers from the premises?+
Do not sign a release or settlement without understanding its effect.
Primary legal sources
Legislation and official guidance
These sources are provided for transparency. Legislation may be amended or commenced in stages, and reading the statutory text is not a substitute for advice.