ABSTRACT
Common law rules apply The Occupiers’ Liability Act 1957 does not define the term occupier but stipulates that the rules of the common law shall apply (s 1(2)).
The test is one of control and not exclusive occupation The basic test for an occupier is one of control over the premises. There can also be more than one occupier of premises, at any given time (Wheat v E Lacon & Co Ltd (1966)). The defendants owned a public house and the manager and his wife occupied the upper floor. The manager’s wife was allowed to take paying guests and one of these guests had an accident on the staircase leading to the upper floor. It was held that the defendants were occupiers of the upper floor as they exercised residuary control.
