Occupiers Liability
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Occupiers Liability
The area of law which is of interest is occupier's liability which comes under tort. Occupier's liability is described as the duty that the occupier of the premises has to anyone who comes onto his land to make sure that they are not injured by anything that is on that land.
When looking at who an occupier is it is defined as any person who has complete control over premises. The liability which an occupier of land may have for things which occur on the land eg: injury to a person from something dangerous on the land.
A visitor is someone who has been invited to someone's premises by the occupier; this can either be expressed, implied or as of legal right. A visitor comes under the Occupier's Liability Act 1957. The duty of care under this act is for the occupier to act reasonably and also to ensure that the visitors are safe from any risks.
A trespasser is someone who has entered someone's property or premises without permission; a trespasser comes under the Occupiers Liability Act 1984. The duty of care under this act Section 2 Sub-Section 1 is that the occupier must make sure that the trespasser doesn't suffer injury on the occupier's premises. This means that reasonable steps must be taken to ensure that premises are safe for trespassers...