Occupiers' Liability

Definition of Occupiers’ Liability

• Occupiers’ Liability refers to the responsibility that the occupier of premises has towards visitors and trespassers on their land or property.
• An occupier can be anyone who has some degree of control over the premises. This could be the owner, a tenant, a company, or even a contractor working on the premises.
• This aspect of law applies to both businesses and individuals, and originates from two specific pieces of legislation: the Occupiers’ Liability Act 1957 and Occupiers’ Liability Act 1984.

Important Elements of Occupiers’ Liability

• Duty of Care: The occupier has a general duty of care to ensure that visitors are reasonably safe in using the premises for the intended purposes.
• Standard of Care: The standard of care will vary depending on who is entering the premise. For instance, a higher standard of care is owed to children, and to people with disabilities, when compared to adults.
• Warning of Danger: If there are any known dangers on the premise, the occupier should take reasonable steps to warn visitors, or to rectify the danger.

Occupiers’ Liability Towards Trespassers

• The Occupiers’ Liability Act 1984 extended the law to include some responsibility towards trespassers. A trespasser is somebody who enters the premises without invitation or permission.
• An occupier may be liable for harm caused to a trespasser by a danger on the premises if they were aware of the danger, knew (or had reasonable grounds to believe) that trespassers could encounter this danger, and did not take reasonable steps to prevent the danger or warn the trespassers.
• This liability is less than for lawful visitors, but it could still result in the occupier being required to pay compensation to a trespassed who gets injured on their premises.

Potential Defences in Occupiers’ Liability Cases

• Consent: If the injured person knowingly entered the premises aware of the potential dangers, they might be seen as having accepted the risk, especially if they disregarded any warnings given by the occupier.
• Contributory Negligence: The occupier can reduce their liability by proving that the injured person contributed to their own harm or didn’t take reasonable care for their own safety.
• Warnings: If the occupier had provided adequate warnings about the potential danger and taken reasonable steps to prevent harm, this could serve as a defence.

Occupiers’ Liability is central in safeguarding the rights of people who enter another’s premises. A solid understanding of the key principles and laws surrounding occupiers’ liability will help businesses and individuals manage potential risks on their premises, thereby protecting visitors, and their reputation alike.