LAW 122 Lecture 4: Class 4 Negligence
9 Feb 2016
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Occupier is any person having possession of: can be tenant or owner. The term premises are broadly defined to include land, buildings, yards, other structures, water, planes, etc. Occupier must use reasonable care which depends on a number of factors to take such care as in all circumstance of the case is reasonable to see that people entering the premises are safe. Voluntary assumption of risk: anyone entering property takes responsibility upon understanding of risks involved, provided there was no deliberate intent to do harm or act with reckless disregard for the presence of person. Liability for independent contractors: occupier is not liable for the negligence of an independent contractor employed by the occupier, provided the occupier acted reasonably in entrusting the work to the independent contractor. Hotels, inns and land lords are held to a higher standard regarding occupier"s liability. Meant to compensate for harmful risky actions conducted carelessly but to allow for careful risk taking.
