Persons who have express or implied permission to enter the premises
Occupiers' liability
Comes from both statute law and common law
Involves the liability of an occupier to both visitors and persons other than visitors to his or her premises
Occupier
Person who has control over the premises
Categories of occupier
Tenant of let premises
Landlord who retains certain areas of a building
Owner who licenses a person to use premises but reserves right of entry
Owner of premises where contractors are employed to carry out work
Visitor
Person who has express or implied permission to enter the premises, including those with a right to enter conferred by law (e.g. fire fighters and police officers)
Common duty of care
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
Application of common duty of care
Occupier must be prepared for children to be less careful than adults
Occupier can expect a person in the exercise of his calling, to appreciate and guard against any special risks ordinarily incident to it
A warning may discharge the duty of care
Occupier not liable for fault of independent contractor if acted reasonably in entrusting work and took reasonable steps
Reasonable
Standard of care expected of a reasonable person in the circumstances
Children do not form a special category on their own, but the Occupiers Liability Act 1957 s2(3)(a) states that occupiers must be prepared for children to be less careful than adults
