The Liability of Occupants of Premises

Did you know that if you own or occupy premises you have a duty of care to ensure that any visitor to your premises is safe in using the premises for the purpose for which he or she is invited or permitted by you to be there?  This duty is incorporated in the Occupiers Liability Act 1957.  Failure to safeguard visitors against the risk of injury may result in a claim for compensation.

When determining who is the “Occupier” of a premises it is necessary to identify who has control over the premises.  It might be you the owner of a domestic dwelling or it might be a supermarket owner.  There could even be more than one Occupier, for example where an accident happens in a public house the “Occupier” might be the brewery and the licensee.

If I am approached by a client to advise on an injury claim which occurs on a premises I have to identify who is the owner of the premises and were the premises safe or unsafe at the time of the accident.  I also have to consider how foreseeable it was that a person using the premises might sustain an injury.  Would a court of law decide that a reasonable person would have considered that the defect in question presented a real source of danger? 

If my client is a child then the Occupier of the premises has to expect that children are going to be less careful than adults and they therefore have an obligation to take greater care to ensure their safety.

As for visitors coming onto the premises to exercise a particular calling, for example an Electrician or a Plumber, the Occupier is entitled to expect that the Electrician or Plumber to appreciate the ordinary risks that go hand in hand with their professions.