Page 97 - PRINCIPLE OF LAW- FINAL (eISBN) pdf

Politeknik Kota Bharu

3.4.4 OCCUPIER’S LIABILITY

Occupiers' liability generally refers to the duty owed by

landowners to those who come onto their land. Arise in a

situation where the premises are not as safe as it should be and

this defective state which includes activities carried out on the

premises, causes injury or damage to the plaintiff.

• Occupiers: someone who has the immediate supervision,

control & the power of permitting or prohibiting the entry of

others.

• Premises: all forms of buildings, land spaces, vehicles which

are used for carrying persons including tractors and

structures such as scaffolding, ladders, walls, pylons, and

grandstands.

• Occupiers’ liability: Occupier owes a duty of care,

(reasonable circumstances) to see that visitor entering on the

premises are reasonably safe while on the premises (include

condition of the premises and activities carried on the

premises).

• The danger on the premises must not be unusual or hidden

before occupier can be found liable.

• Potential liability : static nature/ state of land structure and

activities pursued on land.

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