An “occupier” of premises or land is someone who is in control of that premises or land. This could be control of a supermarket, a shop, a warehouse, a car park, etc. The occupier could be an individual, a company, a local council or a partnership. If there is an argument or disagreement as to whether or not someone is an occupier, the Courts look at the judgement in Wheat v Lacon [1966] which noted that a person is an occupier if he has a sufficient degree of control over premises that he ought to realise that any failure on his part to use care may result in injury to a person lawfully there. The Occupiers Liability Act also notes that occupiers must be prepared for children to be less careful than adults. This means that if a child does something a little bit silly, such as eating poisonous berries in a park, sustaining injury, then liability could be established – this was the facts in the case of Glasgow v Taylor [1922].
Any occupier of premises or land must ensure that the property or land is adequately maintained. If someone comes onto the property or land and sustains injury, even if that person is a trespasser, the occupier may be liable. Of course, when we visit the supermarket or use a car park or a shop, we are lawful visitors in the eyes of the law. A greater duty of care is owed to lawful visitors in comparison with trespassers. A trespasser is only owed a duty of care if the occupier is:
- Aware of danger or has grounds to believe the danger exists, and;
- Knows or has reasonable grounds to believe that others may come into the vicinity of the danger, and;
- Should reasonably be expected to offer protection against the danger.
If the above cannot be found then an occupier does not owe a duty of care to the trespasser and therefore cannot be liable in negligence. The duty of care is automatically owed to lawful visitors in most situations.
If you have sustained injury on someone else’s premises or land, then you may be entitled to recover compensation. We deal with all types of personal injury claims and are specialists in the area. Do not hesitate to contact our expert team here at The Injury Lawyers today to discuss a potential claim – call us now on 0800 634 75 75.