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Occupiers’ Liability – Are you an Occupier?

Most landowners are aware that they can be held responsible for people who enter onto their land and injure themselves.

The standard expected from landowners varies – a private landowner does not have to take as much care to protect an adult trespasser, particularly when the danger is obvious, as a public authority does to protect a child playing in its playgrounds.

However, all landowners need to be aware that the duty does not coincide neatly with land that they legally own – they have duties in respect of land that they occupy. In some cases there may be more than one occupier, and if you exercise rights over land that does not belong to you, you should consider whether that duty applies to you.  As always, if you have any doubts, please contact us.