Occupiers Liability-Law of Tort

An occupier is a person who exercises an element of control over premises. See: Wheat v. E. Lacon & Co Ltd [1966] AC 552 HL

There are three categories of visitors, they are (1) Those with express permission . (2) Those with implied permission (3) Those with right to enter.

Occupiers have an obligation to ensure that their premises is not hazardous to others. This obligation is governed by statute law as the occupiers liability act, 1957, which is supplemented by the occupiers liability act, 1984 which covers injuries caused to trespassers.

Section 1(1) of the Occupiers liability act, 1957 stipulates that the purpose of the act is to regulate the duty which an occupier of premises(land, car, aeroplane etc) owes to his visitors in respect of dangers due to the state of the premises or things done or omitted to be done on them.

Position of the law on visitors with implied permission is that ”lIf an occupier knows that his land is used by trespassers but does nothing to prevent them from entering his land, this may amount to implied permission to enter.

See: Lowry v Walker [1911] AC 10 HL

Comment: what this holdings of the court means is that, as an occupier you owe a duty to a visitor or trespasser to ensure that your premises is safe for them, because if anything happens to them you will be liable, whether you gave them permission to enter or not is immaterial, so far as you’ve acquiesced.

By Maxwell Addae-Kusi