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Getting injured on someone else's property

 

I slipped over and injured myself on someone else's property. Can I make a claim?

If you were injured on someone's property or premises in some cases you may have a claim against them. This area of law is known as occupier's liability. The Occupier's Liability Act 1984 (WA) sets out the responsibilities of the occupier. The Civil Liability Act 2002 (WA) also applies to these types of situations.

The occupier of the premises has to take reasonable care to make sure that someone entering their premises does not suffer injury or loss as a result of a danger on the premises. A danger may arise out of the state of the premises or anything that the occupier has done or has failed to do to the premises.

Get legal advice on what you would need to show to make a successful claim.

What are "premises"?

Premises include:

  • land, eg garden, football oval, school playground
  • any fixed or movable structure, eg home, shed, shopping centre.

If you are not sure if where you were injured is covered by the law you should get legal advice.

Who is the occupier?

The occupier is the person who is in control of the land or premises. You will need to find out who is in control of the premises. Sometimes it will be the person who owns the premises. It may be the person who runs their business at the premises. If the premises are rented, the landlord may or may not be responsible depending on the facts. You may need legal advice about this.

Is the occupier always liable?

No. Always get legal advice about the liability of the person in control of the property.

I tripped over on the footpath/road outside my neighbour's house and injured myself. Can I make a claim?

If you were injured as a result of the state of the footpath or road you should get legal advice about whether you have a claim.

Do time limits apply for starting a court case for an occupier's liability claim?

Yes time limits apply. Get legal advice.

When I go to see a lawyer what information should I take?

It may be helpful for you to take the following information with you:

  • Personal details of any other parties involved.
  • As much information as you have about who the occupier is.
  • Copies of any letters you have written about the matter.
  • Any letters you have received.
  • The date time and place of the incident.
  • Full details of how the incident occurred (notes may be helpful).
  • Full description of any injuries you have.
  • Details of any hospitalisation or treatment.
  • Full names and addresses of any treating doctors, etc.
  • Any medical accounts or other accounts related to the injury that you have received.
  • Details of work history and current employment details.
  • Names and addresses of any witnesses.
  • Any photos taken (photographs should be dated and signed by the person who took them).
  • Your thoughts on how the injury is currently affecting you.

I injured myself at work. Can I make a claim?

For information about workers compensation see Workers compensation.

I was injured in a car accident. Can I make a claim?

For information about your rights if you have been injured in a motor vehicle accident see Personal injury - motor vehicle accidents.

Where can I get more information?

  • For information on finding a lawyer and questions you should ask, see Lawyers 

Last reviewed: 12/07/2013

Last Modified: 12/07/2013

Disclaimer

The material displayed on this page is intended for information only. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia believes that the information provided is accurate, however does not accept responsibility for any errors or omissions.