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An accident or injury that occurs in a public place, or in a private home  may result in a personal injury claim for compensation if the injury was caused because of the negligence of the occupier – the person who had control of the premises.


An occupier can be a home owner, a landlord or a tenant. The person seeking compensation will need to identify who the occupier was and whether they were insured at the time of the injury. There are a number of factors which a court would consider in determining whether the occupier was negligent. It is wise to seek legal advice early. Claims must be made within 3 years.


If you occupy premises you should ensure you have public liability insurance.


In the case of injuries which occur on footpaths, roads, car parks and structures associated with roads the occupier will be the ‘road authority’. This will be the person or organization that has the care, control and management of the road. It may be a private individual or a council or some other public authority.



If someone is injured by a dog the person who had the possession or control of the dog will generally be liable. There are circumstances where that is not the case including if the dog was provoked. Most household insurance policies include public liability cover for injury caused by a dog on the owner’s property. It is wise to check whether your insurance does.


 

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