Occupiers liability

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  Occupiers liability is a statutory tort an occupier is someone whose in control of a land or property and must avoid injury to others is a occupier

  
  

  Duty of care owed by occupiers to those who may enter that property/ land
• Duty in occupiers liability

  The occupiers liability act 1957 s.2(1)

  • Imposes a common duty of care on the occupier of a premises in respect of all lawful visitor's.
• Breach in occupiers liability

  "s.2(2) the occupier should take care as is reasonable to see that the visitor is reasonably safe in using the premises for the purposes for which he is injured or permitted to be there."
• Wheat v lacon 


  Lord Denning described the occupier as a person who has a sufficient degree of control over the premises to put him under a duty of care towards those who came LAWFULLY onto the premises
• Premises


  A premises can be a ship/ car/ field etc the claimant must also be injured in a premises
• Lawful visitor's 


  Anyone invited or permitted to be on the land.

  -Express visitors - permission may be express ( someone specifically invited with specific permission entitled to be there) or

  - Implied visitors - visitors who are not invited but expected to be there such as public places or postman

  - A visitor may be timed out / prohibited which makes them a nonlawful visitor if a visitor exceeds their right they become a trespasser

  • Children as visitors are owed extra care ( Glasgow Corp v Taylor ) " allurement