Occupier’s Liability

Occupier is the liability of the occupier of
a premises, fixed or movebale structure for any injury suffered by a person who enters it, as a result of the state of the property. Occupiers liability is the liability of the person who has the occupation or control of a premises, fixed or moveable structure.
Occupier’s liability is the tort which deals with the duty of care of an occupier or controller of a premises, fixed or moveable structure to persons who visit or enter thereon, other than criminals. Thus occupier’s liability is the liability of the occupier for the safety of the persons who are in his premises, whether or not they are there by his invitation, permission and so forth.
A reasonable percentage of accidents or injuries occur on premises or structures whether privately owned or publicly owned. The purpose of the tort of occupier’s liability is to make an occupier liable for injury suffered on his premises or on his property as a result of his negligence, or state of the property. The purpose of the tort of occupier’s liability is to make an occupier liable for injury suffered on his premises or on his property as a result of his negligence or state of the property. The liability of an occupier depends on the kind of entrant, for instance whether the entrant is an invitee a trespasser. As a result of the complexity of common law on occupier’s liability, the law on occupier’s liability has been simplified by statute in many common law countries.
Essentially, occupier’s liability is the tort that deals with the liability of an occupier for injury suffered by as a result of the state of the land, Building, houses and premises generally fixed structures and moveable structures including any vessel, vehicle or aircraft.
Thus, occupier’s liability is the tort which governs the liability of an occupier, controller or manager of a premises fixed or movebale structures including any vessel, vehicle or aircraft and the duty of cene he owes to any person who comes into or enters such property. The liability of an occupier is based on the tort of negligence, that is the law of negligence. Accordingly, occupier’s liability is a part of the law of negligence.
Definition Of Property
Generally, property is anything capable of ownership, whether tangible or intangible. However, in the context of occupier’s liability the word “property” includes, land whether or not completed, fixed and moveable structures, such as equipment, machinery and motor vehicle, earth moving equipment, and construction equipment, railaway lines and coaches, any water going vessels, aircrafts and so forth.

Chidi Enyie