OCCUPIER’S LIABILITY IN DANGEROUS PREMISES: A CRITICAL ANALYSIS

AUTHOR – J GOWRI, STUDENT AT SYMBIOSIS LAW SCHOOL, HYDERABAD

Best Citation – J GOWRI, OCCUPIER’S LIABILITY IN DANGEROUS PREMISES: A CRITICAL ANALYSIS, ILE LAW AND ECONOMICS (ILE LE), 1 (1) of 2023, Pg. 6-11, APIS – 3920 – 0034 | ISBN – 978-81-964391-3-2.

Abstract

An occupier is a person who had actual control over a particular premise at a time when any sort of damage was caused. Occupier of certain premises owes a set a duties and responsibilities to ensure premise safety. Liabilities of the occupier need to be defined in order to ensure the aspect of individual safety including that of a trespasser. It becomes necessary to analyse these liabilities as well the conditions that are required to be satisfied in order to be held liable for the injury caused. The test of reasonableness as well as the aspect of negligence proves to be two solid foundations that are required while assessing the liability of an occupier in dangerous premises. The article aims to thoroughly analyse the aspect of the occupier’s liability in dangerous premises as it is essential to understand about the circumstances in which an occupier can be held liable for an injury that occurred due to the dangerousness of the premise

Keywords: Occupier liability, dangerous premises, tort law, strict liability, absolute liability.