Occupiers Liability concerns the liabilities of incidents that may occur or take place on property that is either privately or publically owned by someone. Cases of this consist of occupants and occupiers. Cases of occupier’s liability occur thousands of times a year, and being on either side of these dilemmas can often be stressful, difficult, and expensive.
An occupier is defined as someone who is in physical possession of the premises and an occupant is someone who resides at or uses the premises owned by the occupier. You may be asking why this is such a hot topic in residential law. It all has to do with liability. In certain incidents, the liability can be placed on the occupier, the occupant, or both by splitting the liability based on fault. An example of liability being fully placed on the occupier is when conditions of the premises being used by the occupant are unsafe and no warning is given. An example of the liability of an incident being placed on the occupant is when an occupant trespasses a restricted area or premises. An example of the liability being divided between both parties is when an unmaintained area is open to the public WITH warning is utilized or occupied by the occupant and an incident occurs. In a case such as this, there may be no definite answer until specifics are provided by both parties. For your information, water bodies, ships and vessels, still or portable structures designed for business, shelter, or residence, all vehicles (train, car, aircraft) are classified under premises.
Attorneys at Taylor Mergui are able to effectively handle your case in a timely manner to ensure success*.
*past success may not necessarily represent future outcomes, which may defer depending on the details of each case