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An occupier is any person who has overall control of any premises whether he is physically available at such premises or not.
What is expected of the occupier?
1. The occupier owes common duty of care to all of his visitors, i.e. “The common duty of care is to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there.”
2. Visitors are persons who have express or implied permission to enter or use the premise of a person. Lawful visitors to whom occupiers owe the common duty of care for the purposes of the Occupiers Liability
a. Invitees - those who have been invited to come onto the land and therefore have express permission to be there
b. Licensees - those who have express or implied permission to be there
c. Those who enter pursuant to a contract - For example paying guests at a hotel or paying visitors to a theatre performance or to see a film at a cinema.
d. Those entering in exercising a right conferred by law - For example a person entering to read the electricity meters.
3. The standard of care varies according to the circumstances. The legislation refers to two particular situations where the standard may vary:
a. An occupier must be prepared for children to be less careful than adults
b. An occupier may expect that a person in the exercise of his calling will appreciate and guard against any special risks ordinarily incident to it
4. The occupier is not liable for the negligence of an independent contractor ones he is satisfied that the contractor was competent.
5. The common duty of care does not impose on an occupier any obligation to a visitor who has willingly accepted a risk.
maurice.mutuku answered the question on April 28, 2018 at 12:09
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