B. Who is an occupier?
An occupier is not always the owner of the property. The central question is usually who had a sufficient degree of control over the relevant area at the time of the accident.
An occupier is the person with a sufficient degree of control over the relevant area to be under a duty to those who come there lawfully. Depending on the facts, this may include a shop operator, restaurant owner, tenant, landlord in control of common parts, building manager, incorporated owners, contractor, or another party who actually controls the relevant area. By contrast, an owner who has leased out the premises and given up possession is generally not an occupier of that area.
There can sometimes be more than one occupier at the same time. For example, a shopping mall may be responsible for common corridors and escalator areas, while an individual shop tenant may be responsible for the inside of the shop. In some situations, both may owe duties at the same time because both have some degree of control. In such cases, each person owes a duty of care that is relative to his specific degree of control over the hazard.
A landlord who has leased out premises and given up possession is generally not the occupier of the demised area. However, the landlord remains the occupier of common parts (such as staircases, lifts, and roofs) over which he retains control.
A building contractor or subcontractor may be regarded as an occupier if he has physical control over a worksite, even if he does not own the land.
