Continued occupiers liability

According to the statute – (Occupiers Liability Act 1957) – an occupier owes a duty of care to all visitors to the premises. Visitors include employees, customers, and anyone else with reason to visit, for example, trade man. The occupier is the person who has control of the premises, not necessary the owner. The occupier can discharge this duty by taking reasonable measures, and/or giving warning.

Breach of duty of care

In the court you have to show that a duty of care was breached. One key fact is that your standard of care should be the same as that of any reasonable person doing the same thing. e.g. electrician should be as good as a professional electrician

A good example of the standard of care is Nettleship v Weston (1971) case where the defendant was a learner driver who crashed and injured the passenger, despite doing her best to control the car. The standard required of a learner driver is the same as that of any other driver. So, being a learner driver s not a defence.