If you sustain injury on someone else’s premises or land, then you may be entitled to recover compensation. This is because occupiers of premises or land are under a duty to take reasonable care for those using the premises or land. This area of law is commonly governed by the Occupiers Liability Act 1957 (which deals with accidents involving lawful visitors) and the Occupiers Liability Act 1984 (which deals with accidents involving trespassers).
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].
Read More