OCCUPIER'S LIABILITY

Question 1

Explain Occupier’s Liability

Answer 1

Statute: Occupiers’ Liability Act
This is a subcategory of negligence. An occupier (person controlling a property) owes a duty of care to ensure the safety of people on the premises. The duty varies by type of visitor:

1. Invitee (e.g., customer): owed a very high standard of care
2. Licensee (e.g., friend invited to a party): owed a reasonable standard of care
3. Trespasser: owed the “duty of common humanity”, meaning basic protection from serious harm

The occupier must take reasonable steps to prevent foreseeable harm — what’s considered “reasonable” depends on who the visitor is.