What is Occupiers Liability? What is the common duty of care in the Occupier’s Liability? Who is responsible in case a third party suffers an injury?

The Occupiers Liability Ordinance (OLO) imposes a duty of care on the occupiers of premises to ensure that their visitors are reasonably safe in their permitted use of the premises.

If a third party is a visitor to the property and suffers an injury within the premises controlled by the occupier due to the negligence of the occupier, the occupier would be liable.

Occupier of the property

It is important for organisations to determine what premises they are an occupier of, as the ordinance requires a party who is an “occupier” of the relevant premises to have the duty of care on it. The test to determine whether that party is an occupier is whether it has control over the premises. A property manager can be regarded as an occupier who has control over the daily management of a building, for example by allowing those with an access card to enter the building.

For a company to determine which areas they occupy, they should review their contractual and practical arrangements, such as those with property management service providers. It is possible for a premise to have multiple occupiers.

Visitors of the property

A person expressly permitted to stay on the premises is a visitor, for example, guests staying in a hotel. If the occupier knowingly tolerates and takes no step to prevent another person from entering the premises, the person entering the premises may also be deemed as a visitor. In general, employees at work premises for employment purposes can be deemed to be visitors.

Organisations should identify who may be the visitors of the premises, to determine to whom they may owe a duty of care.

Duty of care

A duty of care is imposed on the occupier to take reasonable care to ensure that visitors are reasonably safe in their permitted use of the premises. However, the occupier is not an absolute guarantor of safety. A breach of duty of care on the part of the occupier is, for example, causing a slippery floor and taking no steps to ensure the safety of the visitors. An occupier should place a warning sign next to the wet floor to ensure visitors can avoid the danger, and in doing so, fulfil their duty of care.  

Businesses will then need to identify and assess the potential risks that may occur and implement measures to minimise such risks. This may include reviewing the physical condition of the premises, existing safety measures, signage provided to visitors or implementing restricted access areas.

In case any disputes arise, a written risk assessment and record of preventative measures implemented should be prepared and retained to show that the occupier had already taken a reasonable duty of care.

Key takeaways

• The occupier of a property owes a duty of care to visitors of its premises.
• To fulfil the duty of care, the occupier should take reasonable steps to ensure the premise is reasonably safe. Otherwise, they would be liable for any injuries caused by their negligence

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