Guide: Covering Yourself Against Accidents On Your Business’ Property

For many entrepreneurs, a premises that is open to the general public is essential to the success of their business. Taking advantage of areas with high foot traffic and offering customers and clients a location they can visit, can give your business the help it needs to find its feet.

However, making the decision to stick up that “OPEN” sign comes with several new risks that you might not have considered. Should the worst happen, do you know what to do if there is an accident on your property?

UK law clearly dictates that the occupier of a piece of land is under a reasonable duty of care to provide for the safety of all visitors to their premises. Failure to do so could result in a customer or visitor being injured, and you could have a costly lawsuit on your hands.

What if I don’t own the premises?

Under normal circumstances, the landlord is responsible for the upkeep and safety of their properties. However, when it comes to business premises, the contract between the landlord and tenant will specify that it is the tenant’s responsibility to ensure that the property is safe for visitors.

Essentially, it is your responsibility as the owner of the business to safeguard your customers against any risks or threats when they enter your premises. Should a customer suffer an injury on your property and wish to bring a personal injury claim against you, they will need to identify whether you failed to take reasonable care.

What factors will be taken into account?

Under UK law, the owner/occupier is required to take reasonable steps to remove the risk, not eliminate it entirely. If an injured party wishes to bring a personal injury claim against your business, then the court will consider the following;

• What harm was caused by the injury?
• What caused the injury and what was the likelihood that it would occur?
• Information about the person injured. E.g. age.
• Was the owner/occupier aware of the danger?
• What would it have cost to have the threat removed?

You should be constantly aware of all the common risks in your premises, such as uneven surfaces, slippery floors, unsafe furnishings and exposed electrical fittings, as well as the risks that come with your sector. It is good practice to take precautions against these risks. E.g. providing visitors with high visibility clothing, using warning signs and cordoning off or securing dangerous areas. These precautions do not remove your liability should an injury occur, but they do reduce it.

What steps do I need to take if an accident occurs?

If an accident takes place on your premises then you need to assist the injured party. Such factors you may wish to consider are:

• Names of the people who dealt with the aftermath of the accident.
• Noting any precautions that were taken to protect visitors from harm.
• The nature of the injury and whether medical attention was required.

You should also gather as much evidence as possible of the risk itself e.g. photos of the risk that caused the incident in question.

You will also need to ensure you have a financial plan in place for dealing with the aftermath of an incident. The cost of paying for legal advice, legal costs and compensation could potentially bankrupt a business.

With a Public Liability policy, you are insured against a personal injury claim. For more information about the policy, get in touch with us.