Occupiers' Liability

Occupiers liability is a part of tort law that say the occupier of property is responsible, to some extent for the safety of those people who visit or trespass. According to occupier's liability, which was first recognized in England by the 1957 Occupiers' Liability Act, the occupier of property has a duty of care to the aforesaid people (who may visit or trespass). The legal definition of the term occupier varies depending on the property and how it is being used: leasers, renters, licensees, owners, and even independent contractors can all be considered occupiers. Within reason, the occupier, whomever that may be, had a duty to make certain that the property is safe for anyone who enters. Therefore, any personal injury suffered as the result of unreasonably unsafe conditions on the property may be cause for negligence, meaning the injured could sue the occupier for damages. For example, if a home has a major but obscure hole in its outdoor stairs and a salesman slips and falls, the owner could be held liable for his injury, because the premises were seriously unsafe and there was no sign alerting visitors of the unsafe conditions. Depending on the jurisdiction, damages may or may not be granted to trespassers.

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  • also known as premises liability

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