The manager of a pub was an occupier because he had control of the premises. He lived with his wife in the pub and had the right to rent out rooms - but he was not the owner of the premises.
Bailey v Armes (1999)
Neither the parents who owned the flat nor the supermarket had a sufficient degree of control over the roof areas to be occupiers.
Harris v Birkenhead (1976)
There is no requirement for physical occupation. This is illustrated where a local council was held to be the occupier of a derelictbuilding due for demolition, even though it had never entered it.
Occupiers'Liability Act 1957 applies
A lawful visitor is someone who has express or implied permission to enter the premises, and those with a contractual or legal right to enter.
Occupiers'Liability Act 1984 applies
A trespasser is usually a person who has no permission or authority to be on the occupier's premises. Note however, a lawful visitor can become a trespasser by exceeding the permission granted to them.
Geary v Wetherspoon (2011)
Whether the Claimant is a lawful visitor or a trespasser, a duty of care will only cover "dangers due to the state of the premises". Her injuries were not caused due to unsafepremises, but rather her decision to slide. There could therefore be noliability under the 1957 or 1984 Acts.
