The question of who is an occupier will depend on the particular facts of each case and especially upon the nature and extent of the occupation or control in fact enjoyed or exercised by the defendant over the premises. The defendant contractor was held to be the occupier only of the length of the road under construction but not the land flanking the road.
Judges:
Ashworth J
Citations:
[1955] 1 WLR 1005, [1955] 3 All ER 123
Jurisdiction:
England and Wales
Cited by:
Cited – British Railways Board v Herrington HL 16-Feb-1972
Land-owner’s Possible Duty to Trespassers
The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser.
Held: Whilst a land-owner owes no general duty of care to a . .
Lists of cited by and citing cases may be incomplete.
Negligence, Health and Safety
Updated: 16 June 2022; Ref: scu.181198