With reference to the Occupiers Liability Act i) Define an occupier ii) Explain its main provisions in relation to liability of a person visiting a premises iii) Outline the general defences available to the occupier against liability to a trespasser

With reference to the Occupiers Liability Act
i) Define an occupier
ii) Explain its main provisions in relation to liability of a person visiting a premises
iii) Outline the general defences available to the occupier against liability to a trespasser

ANSWER
(i) An occupier is any person who has overall control of any premises whether he is physically available at such premises or not.

(ii) Main provisions in relation to liability of a person visiting a premises

• A visitor is a person who has express or implied permission to enter upon and/or remain within certain premises.
• An occupier owes all his visitors a common duty of care concerning dangers arising from the state of the premises, thing done or omitted to be done.
• The occupier is bound to take such care as in all the circumstances of the case is reasonable to see that the visitor is reasonably safe in the use of the premises for the purpose for which he is invited or is permitted to be there.
• In determining whether an occupier has discharged the common duty of care, regard is had to:
  • Whether the occupier had adequately warned the visitors of the danger.
  • Whether the visitor has willingly accepted the risk.
  • Whether the visitor was discharging his calling.
  • Whether the visitor or invitee is an infant

iii) General defences available to the occupier against liability to a trespasser

1. An occupier owes a trespasser no common duty of care.
2. A trespasser injured in a persons premises has no actionable claim against the occupier.
3. This question appear to be founded on the assumption that a trespasser has the same remedies as a visitor. The occupier may rely on the following defences:

• • Consented to the risk i.e. (volenti non fit injuria).
  • The occupier had given adequate warning of the danger.
  • Liability was excluded by the contract between the parties.
  • The injury is a consequence of the faulty execution of a task by a competent independent contract and the occupier has satisfied himself that the contractor had discharged the same reasonably.