Occupier's Liability in the Cayman Islands
Have you or someone you know ever been injured when on property owned by another individual?
Common examples of such instances include injuries caused by tripping on an uneven floor at the local store, an injury caused due to a poorly maintained car park that was not clearly signed or cordoned off, or being a tenant of a property that has been contaminated by black mould which has caused a serious injury.
Such situations have the potential to cause long term injury and significant pain and suffering. As a result, you may be entitled to claim compensation for the damages caused.
Occupier's Liability Law in the Cayman Islands
In the Cayman Islands there is no statute around Occupiers Liability so the precedents set in past cases in the Cayman Islands along with common law, meaning the law developed in cases from jurisdictions like the UK, Canada or Australia, are relied on.
The Cayman Islands case Carter v Scott’s Industries Limited [2001 CILR 355] dealt with a situation which falls within the umbrella of Occupiers’ Liability. The court relied on UK case law to come to their judgement, specifically London Graving Dock Co. Ltd v Horton [1951] AC 737; [1951) 2 ALL ER 1. In the case the court said, ‘I am not conscious that it has been stated in plain terms, but it is noticeable that what is declared to be the duty is, not to prevent unusual danger, but to prevent damage from unusual danger’ [1951] AC 737, 745. By relying on this precedent, the court in the Cayman Islands established that there is a legal duty which requires property owners to prevent injury to visitors or users of the property caused by unusual danger whilst on their premise.
It is important for a commonly confused area of Occupiers Liability law to be clarified. Simply because a hazard exists on a property, that alone is not sufficient to warrant a claim. The claimant must have been injured by the hazard and it will have to be proven that the owner of the property knew or should have known of the hazard that caused the injury.
Steps to take if you feel that you were a victim in such a case
- Take photos or videos to show evidence of the hazard which caused the injury.
- Get the contact information of the people who had witnessed the accident so that they can testify that the accident was caused by the property.
- Seek out medical care as soon as possible to have the injuries attended to by a medical expert.
- Contact a personal injury attorney at Broadhurst LLC to discuss the damages you may be able to recover.
Damages which may be recoverable:
- General Damages:
This award of compensation relates directly to the injury and covers pain and suffering as well as loss of amenity – meaning any effect that your injury has had on your quality of life.
- Special Damages:
Special damages are designed to help put you back in the financial position that you would have been in, had you not sustained your injury. They are commonly referred to as ‘out of pocket expenses’ and cover not only expenses that you have already incurred as a result of your injury, but also any expense you may have in the future.
- Interim Payments:
In some cases when claiming for damages where the other side has accepted responsibility for your injuries, but your recovery is ongoing, you may be entitled to interim payments. These are payments which are paid to you before the final settlement and are designed to help people who have been seriously injured as a result of personal injury and who need financial assistance to pay for medical care, lost earnings, and other out of pocket expenses.
For more information on the damages that may be claimed and awarded in Cayman Islands personal injury cases click here.
How much is my Occupier's Liability claim worth?
Every injury claim is different. The final amount of compensation depends on the severity of the injury and loss, as well as the possible extent of recovery. These factors affect the amounts for general and special damages.
Our expertise is not just in getting compensation for our clients, it is understanding the need for rehabilitation and the support that you and your family need. That is why we take most injury cases on a ‘NO WIN – NO FEE’ BASIS, and why obtaining interim payments to help avoid hardship is often a key part of our approach.
Contact Broadhurst LLC today for a free consultation.
