If you are injured on someone else's property, you may be able to make a claim against the property's owner, or the person in control of the property.
This area of law is known as occupier's liability and is part of the law relating to negligence. 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.
An occupier of premises must 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 property. The danger may exist because of the condition of the premises, or from something the occupier has done, or failed to do, to the premises.
You should get legal advice on what you would need to show to make a successful claim. Legal Aid WA does not give legal advice or representation in court for negligence claims. Many private lawyers offer legal advice and representation for these claims. The Law Society of WA has a directory of members you can use to find a lawyer who specialises in this area.
The information on this page will help you to understand more about occupier's liability.
If you were injured at work, you may need to make a claim through workers' compensation. You should get legal advice if you are unsure whether an incident is covered by occupier's liability.
The occupier is the person who is in control of the land or premises. Sometimes it will be the person who owns the premises. If the premises are rented, the landowner may or may not be responsible, depending on the facts. It may instead be the person who runs their business at the premises.
You will need to find out who is in control of the premises. You may need to get legal advice to work out who this is, and whether or not they are liable for your injuries.
If you were injured because of the state of a footpath or road, you should get legal advice about whether you have a claim and who your claim should be made against.
If you have suffered an injury on someone else's property, you may be able to make a civil claim through the courts for damages.
The law relating to occupier's liability and negligence is complicated and there are strict time limits that apply to claims.
You should consider whether it is worth making a claim. Litigation can be stressful, time-consuming and expensive. Whether you should start a case, and your options for negotiation and settlement, will depend on the seriousness of your injuries, how they were caused, and the likely costs of pursuing a claim.
You should get legal advice about your situation and options as soon as possible. There are time limits to make claims.
It may be helpful for you to take the following information with you:
Reviewed: 24 January 2024
The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.