Occupiers' and Employers' Liability
Occupiers' liability
An occupier owes a duty to visitors in respect of dangers due to the state of the premises or things done or omitted on them. The standard is that of the reasonable occupier: the occupier must take such care as is reasonable in all the circumstances. The occupier must consider the likelihood of the visitor being on the premises, the magnitude of the risk, the purpose of the visit, and the occupier's resources. Warnings may discharge the duty if they are adequate and effective; a warning that is too vague or obscured may not.
Traps for visitors
Children are owed a higher standard where risks are alluring; the occupier may need to guard against dangers a child would not appreciate. Independent contractors can break the chain of liability if the occupier acted reasonably in entrusting the work. Trespassers are owed a more limited duty, generally against reckless or deliberate harm, but the occupier must still avoid foreseeable injury where the risk is obvious and serious.
Employers' liability
Employers owe personal, non-delegable duties to employees: to provide competent staff, adequate plant and equipment, a safe system of work, and a safe place of work. The duty is not satisfied merely by hiring a competent contractor. Questions often test whether the employer provided adequate training, supervision and protective equipment, and whether the employee's own conduct was contributory negligence.
Worked rule of thumb
For occupiers, ask: was the danger due to the state of the premises, and did the occupier take reasonable steps? For employers, ask: was there a safe system, and did the employer enforce it? An employer who supplies safety equipment but does not train staff in its use may still be in breach.
Traps
Do not confuse the occupier's duty with general negligence; the occupier is not an insurer. The employee's contributory negligence reduces but does not eliminate the employer's liability.