How do I answer a UK occupiers' liability slip and fall problem question?
- Expert answer
- Undergraduate
- Asked
The question
My tort law assignment has a customer who slips on a wet supermarket floor after staff ignored a spill.
I need to apply occupiers' liability law and explain whether the supermarket is liable.
Short answer
A UK occupiers' liability answer should identify whether the claimant is a lawful visitor, apply the common duty of care, analyse breach and causation, and consider warnings, inspection systems and contributory negligence.
Full expert answer
Law tutor
LLM, solicitor (non-practising)
Slip and fall scenarios are common because they look simple but test several legal steps. You need to identify the occupier, the claimant's status, the relevant duty, breach, causation and possible defences. Do not simply say "the customer fell, so the shop is liable."
This page is about England and Wales assignment writing unless your module says otherwise. It is not legal advice.
What the question is asking
The question is asking whether the occupier took reasonable care for the visitor's safety. In a supermarket case, the occupier will usually be the business controlling the premises. A customer is normally a lawful visitor, so the Occupiers' Liability Act 1957 is likely to be relevant.
Mini problem example
Scenario: A customer slips on yoghurt in aisle 4. A staff member noticed the spill 25 minutes earlier but did not clean it, block the aisle or place a warning sign. The customer was looking at their phone while walking.
A strong answer would:
- identify the supermarket as occupier
- identify the customer as a lawful visitor
- state the common duty of care
- apply breach by discussing inspection, warning and cleaning
- discuss causation: whether the fall resulted from the spill and lack of precautions
- consider contributory negligence because the customer was distracted
The phone use does not automatically defeat the claim. It may reduce damages if it contributed to the accident.
Sample university-style questions and how to answer them
| Sample question | What a strong answer should do |
|---|---|
| A customer slips on a supermarket spill that staff knew about. Is the occupier liable? | Focus on knowledge of risk, delay, reasonable precautions and causation. |
| A warning sign is present but partly hidden. Does it discharge the duty? | Discuss whether the warning was enough to make the visitor reasonably safe, not merely whether a sign existed. |
| A child is injured by climbing on a display. Does the occupier owe a higher duty? | Discuss child visitors and whether the occupier should expect children to be less careful. |
| A contractor leaves tools in a walkway and a visitor trips. Who is responsible? | Consider occupier control, contractor involvement, reasonable selection and supervision. |
| A trespasser is injured outside opening hours. Is the 1957 Act still the right framework? | Explain visitor versus non-visitor status and consider whether a different statutory framework applies. |
Common mistakes
- Treating occupiers' liability as ordinary negligence without identifying visitor status
- Assuming any accident on premises proves breach
- Ignoring warning signs and inspection systems
- Forgetting causation
- Ignoring contributory negligence
- Mixing UK and US premises liability terminology
What earns higher marks
Discuss the reasonableness of the system. Supermarkets are not expected to prevent every spill instantly, but they are expected to have reasonable inspection and response procedures. If the spill was present for a long time, or staff knew about it, breach becomes easier to argue.
Also analyse warnings properly. A warning is not magic. The question is whether the warning, in context, was enough to make the visitor reasonably safe.
Academic use note
This guide is for UK tort law assignment support. It is not legal advice. Always follow the jurisdiction and cases required by your module.
Sources and further reading
This answer explains a method for you to apply to your own work. Copying it into a submission would count as plagiarism, and it is indexed by similarity checkers.
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