Occupiers Liability in the Commonwealth Caribbean
TOPIC 4:
OCCUPIER’S LIABILITY Occupier’s liability forms part of the liability arising from the occupation of premises. It is therefore related to nuisance, Rylands v Fletcher, breach of statutory duty and basic negligence. Occupier’s liability covers liability for damage (usually personal injury) which occurs to entrants on to the premises of the defendant. In the Commonwealth Caribbean, Barbados and Jamaica have enacted statutes substantially similar to the English Occupiers Liability Act 1957.
Barbados: Occupiers Liability Act, Cap. 208 Jamaica: Occupiers Liability Act 1969 (Vol. Xiii, Laws of Jamaica) All other jurisdictions apply the common law rules, but it has been said that the Occupiers Liability Acts could be regarded as simply applied common law negligence. Occupiers Liability or Negligence- New Zealand Ins. Co. v Prudential Assurance Ltd. [1976] Occupiers’ liability may extend to cover conduct which causes a continuing source of danger and thereby renders the premises unsafe. Revill v Newbury [1996]- liability for occupier’s shooting of intruder falls to be decided under general tort of negligence.
Favre v Lucayan Country Clubs Ltd.
A. COMMON LAW
At common law, the duty owed by an occupier to an entrant onto his premises depended on the status of the entrant. The categories included: (1) those who entered under a contract where the use of the premises was the main purpose of the contract- e.g. a hotel guest.
(2) those who entered under a contract where the use of the premises was merely incidental to the main purpose of the contract-e.g. a UWI student in a lecture theatre.
(3) an invitee, one who entered the premises in pursuance of a common financial interest with the occupier – e.g. a shopper in a supermarket.
(4) a licensee, one who entered the premises with the express or implied permission of the occupier but on his own interests. It is a person to whom the occupier ‘voluntarily concedes (grants, allows) a benefit or privilege...without
Barbados: Occupiers Liability Act, Cap. 208 Jamaica: Occupiers Liability Act 1969 (Vol. Xiii, Laws of Jamaica) All other jurisdictions apply the common law rules, but it has been said that the Occupiers Liability Acts could be regarded as simply applied common law negligence. Occupiers Liability or Negligence- New Zealand Ins. Co. v Prudential Assurance Ltd. [1976] Occupiers’ liability may extend to cover conduct which causes a continuing source of danger and thereby renders the premises unsafe. Revill v Newbury [1996]- liability for occupier’s shooting of intruder falls to be decided under general tort of negligence.
Favre v Lucayan Country Clubs Ltd.
A. COMMON LAW
At common law, the duty owed by an occupier to an entrant onto his premises depended on the status of the entrant. The categories included: (1) those who entered under a contract where the use of the premises was the main purpose of the contract- e.g. a hotel guest.
(2) those who entered under a contract where the use of the premises was merely incidental to the main purpose of the contract-e.g. a UWI student in a lecture theatre.
(3) an invitee, one who entered the premises in pursuance of a common financial interest with the occupier – e.g. a shopper in a supermarket.
(4) a licensee, one who entered the premises with the express or implied permission of the occupier but on his own interests. It is a person to whom the occupier ‘voluntarily concedes (grants, allows) a benefit or privilege...without