Best Premises Liability Lawyers in Aberdeen

About Premises Liability Law in Aberdeen, United Kingdom

Premises liability in Aberdeen is part of Scots law of delict and focuses on the safety of people on property such as shops, supermarkets, pubs, offices, rental flats, public buildings, car parks, and outdoor areas. The central statute is the Occupiers Liability Scotland Act 1960. It requires the occupier of premises to take reasonable care to ensure that people are not injured by dangers due to the state of the premises or to things done or not done on the premises.

An occupier is the person or business with sufficient control over the premises. That can be an owner, tenant, property manager, contractor, or a public body like a council. Premises is interpreted widely and includes land, buildings, structures, fixed and moveable equipment, and common parts of tenements.

The standard of care is what is reasonable in the circumstances. The law looks at who the visitor is and why they are there, the nature of any hazard, whether it was foreseeable, how practical it was to remove or reduce the risk, and whether adequate inspection and cleaning systems were in place. Children may require extra precautions. People carrying out skilled work may be expected to protect themselves from obvious risks linked to their expertise. Clear and effective warnings can sometimes be enough, but a sign will not excuse an occupier from taking reasonable steps if more could and should have been done.

While the 1960 Act mainly addresses people on premises with permission or a right to be there, a limited duty may arise at common law toward others, depending on foreseeability and the circumstances.

Why You May Need a Lawyer

Establishing fault is often contested. Insurers may argue that hazards were not present long enough to be discovered, that warnings were sufficient, or that you were partly at fault. A lawyer can investigate who the occupier is, secure evidence quickly, and instruct appropriate experts.

Evidence can disappear fast. Cleaning logs, inspection records, maintenance contracts, CCTV footage, witness details, accident book entries, and defect histories are crucial. A lawyer can send preservation requests and pursue disclosure if an insurer or occupier is uncooperative.

Valuing a claim requires specialist knowledge. In Scotland compensation covers solatium for pain and suffering, past and future wage loss, treatment and travel costs, care and assistance, and services claims under the Administration of Justice Act 1982. A lawyer can obtain medical reports and calculate losses accurately.

Strict time limits apply. In most personal injury cases in Scotland, you have three years to raise court proceedings, with limited exceptions. A lawyer will protect your position and comply with the Scottish personal injury pre-action protocol.

Council and public body claims, landlord and factor responsibilities, and cases involving multiple contractors are technical. A lawyer familiar with Aberdeen Sheriff Court and the All Scotland Personal Injury Court can choose the right procedure and forum.

Local Laws Overview

Occupiers Liability Scotland Act 1960 - Sets the duty of care of occupiers to take reasonable care for the safety of people on premises. It applies to commercial, residential, and public premises. The duty is about reasonableness, not absolute safety. The Act recognises that an occupier may rely on a competent independent contractor where it was reasonable to do so and reasonable steps were taken to select and check the contractor.

Prescription and Limitation Scotland Act 1973 - Personal injury claims are subject to a three year limitation period starting from the date of the accident or the date you became aware of your injury and the defender’s responsibility. For children, time generally starts at age 16, meaning they often have until age 19. The court has a discretion to allow late claims if it is equitable under section 19A.

Administration of Justice Act 1982 - Allows claims for services provided by relatives to an injured person and for services the injured person can no longer provide to relatives. These are distinctive features of Scottish damages.

Health and Safety at Work etc Act 1974 and related regulations - These set workplace safety duties. While enforced by the Health and Safety Executive, breaches can be relevant when assessing civil liability for accidents in workplaces open to visitors and contractors.

Roads Scotland Act 1984 - Local authorities like Aberdeen City Council must maintain public roads and footways. A claim for a trip on a pavement or pothole requires proof of a failure to take reasonable care, often tested against the council’s inspection and repair regime and what was reasonably practicable.

Housing Scotland legislation and repairing duties - Private landlords must meet the repairing standard. Tenants can apply to the First-tier Tribunal Housing and Property Chamber, and for injury, a civil damages claim may also be available if the landlord or factor failed to take reasonable care.

Scottish pre-action protocols - Personal injury claims in Scotland usually follow a protocol that promotes early notification, evidence exchange, rehabilitation, and settlement discussions. If settlement is not reached, proceedings can be raised in Aberdeen Sheriff Court or the All Scotland Personal Injury Court, depending on the case.

Costs and funding - Qualified one way costs shifting generally protects personal injury pursuers from paying the defender’s costs if the claim is conducted reasonably and honestly. Success fee agreements are permitted. Civil legal aid may be available through the Scottish Legal Aid Board depending on eligibility.

Frequently Asked Questions

What is premises liability in Scotland

It is the legal responsibility of occupiers of property to take reasonable care to prevent injury to people because of dangers on the premises or things done on the premises. It is governed mainly by the Occupiers Liability Scotland Act 1960 and the general law of negligence.

Who counts as the occupier

An occupier is anyone with enough control over the premises to put things right or warn about dangers. That can be an owner, tenant, shop operator, property manager, contractor on site, or a public body in charge of an area.

Do I have a claim if I slipped on a wet floor in a supermarket

Possibly. The key questions are whether there was a foreseeable hazard, whether reasonable inspection and cleaning systems were in place and followed, how long the spill was present, whether effective warnings were provided, and whether you took reasonable care for your own safety.

What if there was a warning sign

A warning that clearly identifies the hazard and is placed effectively can be enough in some situations, but it will not excuse an occupier if more reasonable steps were required. A sign should not be used as a substitute for proper maintenance or cleaning.

Can I claim if I was partly at fault

Yes, but your compensation may be reduced for contributory negligence. For example, if you were distracted by your phone or ignored obvious warnings, a court may reduce your award by a percentage that reflects your share of responsibility.

What are the time limits for bringing a claim

Most personal injury claims in Scotland must be raised in court within three years of the accident or of your date of knowledge. For children, the period usually runs from their 16th birthday. The court has a limited discretion to allow late claims if fair to do so, but you should act quickly.

Who is liable for accidents on pavements and roads in Aberdeen

Aberdeen City Council is generally responsible for maintaining public roads and footways. Liability depends on whether the council failed to take reasonable care, which is assessed against its inspection and repair system, the size and nature of the defect, and how long it existed.

What compensation can I recover

Compensation in Scotland includes solatium for pain and suffering, past and future loss of earnings, medical and rehabilitation costs, travel and equipment, and services claims for care provided by relatives or services you can no longer provide to relatives. Interest may also be awarded.

How long will my claim take

Straightforward claims with clear liability and modest injuries may settle within a few months under the pre-action protocol. Disputed liability, serious injuries, or cases requiring several expert reports can take 12 to 24 months or longer, especially if court proceedings are needed.

Do I need to report the accident

Yes. Report it to the occupier or manager and ask for an accident book entry. If it happened at work, your employer may need to report it under RIDDOR. Seek medical attention promptly and keep copies of records, photos, and receipts.

Additional Resources

Aberdeen Sheriff Court and Justice of the Peace Court for local civil claims.

All Scotland Personal Injury Court for higher value or complex personal injury claims.

Citizens Advice Scotland for free initial guidance on consumer and injury issues.

Health and Safety Executive for workplace safety information and incident reporting guidance.

Scottish Courts and Tribunals Service for court procedures and forms.

Scottish Legal Aid Board for information on eligibility and how legal aid works.

Law Society of Scotland for finding a regulated Scottish solicitor experienced in personal injury.

Aberdeen City Council for information on road and pavement maintenance and how to report defects.

First-tier Tribunal for Scotland Housing and Property Chamber for landlord repairing standard issues.

Criminal Injuries Compensation Authority if you were injured by a violent crime on premises.

Next Steps

Get medical attention and describe how the injury happened. Keep all medical records and receipts.

Report the incident to the occupier or manager. Ask for an accident book entry and request that any CCTV relevant to the incident is preserved.

Take clear photographs of the location, the hazard, lighting conditions, footwear, and any visible injuries. Note measurements for defects like potholes or raised slabs if safe to do so.

Collect names and contact details of witnesses. Keep a diary of symptoms, time off work, and help you receive from family or friends.

Do not discuss fault on social media. Avoid giving a detailed statement to an insurer before getting legal advice.

Speak to a Scottish personal injury solicitor with premises liability experience in Aberdeen. Ask about funding options including success fee agreements and whether qualified one way costs shifting will apply.

Act quickly to protect the three year time limit. Your solicitor will send a letter of claim, seek disclosure of inspection and maintenance records, obtain medical evidence, and negotiate settlement. If needed, they will raise proceedings in Aberdeen Sheriff Court or the All Scotland Personal Injury Court.

If you are a tenant and the issue involves disrepair, also consider your rights under the repairing standard and the option of applying to the Housing and Property Chamber, alongside or separate from any injury claim.

If you are unsure whether you have a claim, a short initial consultation can clarify prospects and next steps at an early stage.