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occupiers liability

An occupier of the property owes a duty of care to his visitor in respect of the state or condition of the premises occupied by him.

For the purposes of the Occupiers Liability Act 1957 that which is occupied does not just include fixed premises but extends to movable structures and vessels, vehicles and aircraft.

The occupiers duties are owed to visitors which broadly includes all those visiting the premises by invitation.

Trespassers are a special case and are now provided for under the Occupiers Liability Act 1984.By section 1 an occupier owes to trespassers and uninvited entrants a duty to take such care as is reasonable in all the circumstances to see that the trespasser/entrant does not suffer injury by reason of any danger of which the occupier is aware or has reasonable grounds to believe to exist and knows that the trespasser is or may come to be in the vicinity of the danger.

An occupier should warn against a danger or discourage persons from incurring the risk.

For further advice please contact Janet Watson  at janet.watson@ridleyandhall.co.uk  or ring 538421 and ask for the Personal Injury Team.