Occupier's Liability

This area of law relates to land or property owned or occupied by one person and the use of that property by others. It is also concerned with how a claim might be made for recovery of damages for injuries sustained by persons while on land or premises belonging to another, and which are caused by the dangerous or unsafe state of that land or premises. This is governed primarily by the Occupier’s Liability Act, 1995. Any injury which is not covered by this Act is instead potentially actionable under the common law. It is possible to make a claim for the recovery of damages under the Act for a wide range of losses including physical or psychological injuries to the person, and damage to property belonging to someone who enters onto another person’s land or premises (called “entrant” in the legislation). An occupier’s duty to protect entrants specifically excludes employers in respect of their duties towards their employees.

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