Customer injury liability on business premises

This is an important area of law and one that every business owner should understand. The short answer is yes, a customer can bring a claim against you if they are injured on your premises, but whether they would succeed depends on the circumstances.

Legal framework:

The main legal basis for such a claim is the Occupiers' Liability Act 1957. Under this Act, you owe a "common duty of care" to all lawful visitors, which includes customers. That duty requires you to take such care as is reasonable in all the circumstances to see that the visitor will be reasonably safe in using the premises for the purposes for which they are invited or permitted to be there.

Note that the duty is to keep the visitor reasonably safe, not to guarantee absolute safety. The law does not expect you to eliminate every conceivable risk.

What a claimant would need to show:

1. You owed them a duty of care as an occupier of the premises.
2. You breached that duty by failing to take reasonable steps to keep them safe.
3. The breach caused or materially contributed to their injury.
4. They suffered actual loss or damage as a result.

Common examples of successful claims:

Wet floors with no warning signs. Uneven or damaged flooring. Poor lighting in stairwells or corridors. Falling stock or shelving. Trailing cables. Obstacles in walkways. Failure to maintain the premises in a safe condition.

Defences available to you:

Volenti non fit injuria, meaning the visitor voluntarily accepted the risk. This is a complete defence but is difficult to establish in a commercial setting.

Contributory negligence under the Law Reform (Contributory Negligence) Act 1945. If the customer was partly to blame for their own injury, for example by ignoring a clear warning sign or behaving recklessly, the court can reduce their damages by a percentage reflecting their share of responsibility.

You can also defend a claim by showing that you took all reasonable steps to prevent the injury. This is where your risk assessments, maintenance records, cleaning schedules, incident logs, warning signage, and staff training become critical evidence.

Warning notices alone are not enough to discharge your duty, but they are relevant to whether you acted reasonably. Section 2(4)(a) of the 1957 Act makes clear that a warning does not automatically absolve you unless it was enough to enable the visitor to be reasonably safe.

The role of insurance:

Public liability insurance is not a legal requirement for most businesses, but it is strongly advisable. If a customer is injured and brings a successful claim, the damages could be substantial, covering pain and suffering, loss of earnings, medical costs, and other financial losses. Without insurance, you would have to meet any award from your own resources.

If you do have public liability insurance, your insurer will typically handle the defence of the claim and pay any damages awarded, subject to the terms and limits of your policy.

Practical steps to reduce risk:

1. Carry out regular risk assessments of your premises and keep written records.
2. Maintain a cleaning and maintenance schedule and log compliance.
3. Put up appropriate warning signs whenever a hazard arises, for example during cleaning or while a repair is pending.
4. Train staff on health and safety procedures and keep records of that training.
5. Fix hazards promptly and document what was done and when.
6. Keep an accident book and record all incidents, however minor.
7. If an incident occurs, take photographs of the scene, preserve any CCTV footage, and gather witness details immediately.
8. Check that your public liability insurance is adequate and up to date.

If a claim is made against you:

Notify your insurer immediately. Do not admit liability to the claimant or make any offers of compensation without first consulting your insurer, as doing so could prejudice your cover. Preserve all evidence, including CCTV footage, incident reports, cleaning logs, and maintenance records.

Most claims of this nature are brought as personal injury claims in the County Court. Since April 2024, the Pre-Action Protocol for Personal Injury Claims continues to apply, and there is also the Official Injury Claim portal for lower-value road traffic and certain other claims, though slips and trips in commercial premises would typically follow the standard personal injury protocol.

The limitation period for bringing a claim is generally three years from the date of the injury under the Limitation Act 1980.

Overall, the risk of a successful claim is manageable if you run a well-maintained premises, conduct proper risk assessments, respond to hazards promptly, and keep good records. The businesses that face the greatest exposure are those that cut corners on maintenance or fail to document what they do.