That’s about all I remember for half-an-hour. It turns out that as I was parking my BMW F800, my front wheel slipped on used cooking oil which had leaked from a big drum by the kitchen door. I fell over and hit my head on a metal bin.
Apparently, I was knocked out for a few minutes and when I came round I was mumbling for a while. The owners called an ambulance and off I went. Thankfully, I had no brain damage, but I have been diagnosed with post-concussion syndrome and I have had a seriously ‘foggy’ head for about two months and been off work with headaches.
Whilst the pub landlord was nice at the time and offered us a free meal when we next stayed, he has said I shouldn’t have parked near the kitchen door and that he’s not liable because it didn’t happen inside the pub.
Answer
You went to park in his car park and fell off on cooking oil that leaked from a drum he had stored there. This is a classic ‘occupiers’ liability’ case. In short, the pub owner is an ‘occupier of land’ and owes you a duty of care as a visitor.
As per the Occupiers’ Liability Act 1957, he has a ‘…duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there.’
Therefore, he is liable for the accident and injury caused by the oil that has leaked from the big drum. My advice, get yourself a solicitor and go down the formal route.
Andrew Prendergast
More Bikes November 2020
