Occupiers Liability

Question 1

What is occ liability?

Answer 1

Branch of tort that effects land, injury/damage caused by the state of a premises.

Question 2

Premises?

Answer 2

Widely defined, a fixed/moveable structure and it can be houses, land, buildings or

• ships London Dock v Horton
• vehicles Hartwell v Grayson
• aircraft Fosbroke v Airwork
• lifts Haseldine v Daw
• ladders Wheeler v Copas

Question 3

Occupier?

Answer 3

Widely defined but generally ‘anyone in control of the land’ shown in Wheat v E Lacon, liability depends on the circumstance. To be liable you have to have sufficient control over the premises shown in Harris v Birkenhead, and sometimes nobody is in control shown in Bailey v Armes.

Question 4

Reform?

Answer 4

• compulsory insurance to support no fault liability
• compensation scheme by the state
• increased personal respect.