Watch Your Step: Why Property Owners Can’t Escape Responsibility for Visitors’ Safety

Editorial Summary: Under Ghanaian tort law, the concept of occupier’s liability holds property owners and managers legally responsible for the safety of all lawful visitors who enter their premises. Whether it’s a customer at a shop or a guest in a private home, the occupier must ensure the environment is reasonably safe and free from foreseeable harm. As Accra Street Journal explores, ignoring this duty can lead to costly legal consequences—because in law, your space, your risk

Detailed Insight: Imagine you’re throwing a party at your place. As the host, it’s your job to make sure your guests have a good time and stay safe. Similarly, if you own or control a property like a shop, office, or even a piece of land, you’re responsible for the safety of the people who come onto your property. In legal terms, you’re called an “occupier,” and the rules about your responsibilities are known as “occupiers’ liability.”

Who’s an Occupier?

An occupier is someone who has control over a property. You don’t have to own it; you just need to be in charge of it. This means you can decide who comes in and what they can do there. But with this control comes the duty to keep visitors safe.

Categories of Visitors

Not all visitors are the same, and the law treats them differently. Generally visitors are put into two main groups:

1. Lawful visitors – people who are there with permission, who are further divided into 4 groups namely contractual visitors, invitees, licensees, and persons entering by virtue of a right.
2. Unlawful visitors – trespassers (yep, the ones sneaking in).

1. Contractual Visitors

These are individuals who enter your property under a contract—like hotel guests or clients visiting an office. The terms of the contract might be in a written booking form, an oral agreement, or even implied through conduct. In all cases, certain basic expectations apply.

For example, the occupier is expected to take reasonable care to ensure the premises are safe for the purposes of the visit. This includes providing safe rooms for hotel guests or hazard-free spaces for clients. In one English case, a hotel guest injured in a fire was awarded compensation based on an implied warranty that the premises would be safe for personal use.

However, occupiers are generally not liable for hazards that couldn’t reasonably be detected through inspection or maintenance. Also, the duty tends to apply only to the interior of the premises, so injuries occurring outside the physical boundary, like on the roadside, typically fall outside this duty. What if the injury occurs at the car park within the walls of the occupier? Well, that will count as the interior of the premises.

2. Invitees

An invitee is someone who enters a place for a reason that benefits both them and the occupier, like a customer in a shop.

The occupier must take reasonable steps to prevent harm from unusual dangers they know about or should know about. These dangers should be fixed or clearly warned against using signs or other means.

However, the occupier isn’t responsible for dangers they couldn’t reasonably discover. Also, if an invitee goes beyond the purpose of their visit, the occupier usually isn’t liable, unless the invitee is a child or can’t understand the risk.

3. Persons Entering by Virtue of Right

This category includes individuals who enter an occupier’s premises without permission, but with legal authority. Examples include police officers making an arrest, meter readers, bill distributors, postal workers delivering mail, bailiffs and other similar personnel.

The duty of the occupier towards these individuals is similar to that owed to contractual visitors. The occupier must ensure that the premises are safe for the specific duties that these individuals will be performing while on the premises.

4. Licensees

A licensee is someone who enters a property with permission but for their own reasons, not for shared or business benefit.

Generally, licensees use the premises “as they find them,” meaning the occupier isn’t responsible for making the place safe. However, the occupier must warn them about hidden dangers they know of but the licensee doesn’t. If a danger is obvious, the licensee is expected to take care. If new dangers arise after permission is given, the occupier must also warn the licensee, unless the danger is clear.

5. Unlawful Visitors: The Trespasser

A trespasser enters land without permission. In the old English cases, the rule was that occupiers owed no duty of care to trespassers. However modern English courts have refined this harsh position through the principle of common humanity  which requires occupiers to take some responsibility for the safety of trespassers as members of the community.

This means that once an occupier knows (or ought to know) that people are likely to trespass, they must take reasonable steps to avoid causing them harm. This includes not setting traps or acting recklessly.

The duty isn’t as broad as that owed to lawful visitors, but it does reflect a basic sense of fairness—occupiers can’t simply ignore risks to human life, even if the person on their land didn’t have permission to be there.

In essence, the duty of common humanity requires occupiers to take a more humane approach to trespassers, rather than simply ignoring their presence. The scope of this duty can vary depending on individual circumstances.

Occupiers of premises have varying duties of care towards different categories of visitors. To minimize liability, businesses should conduct risk assessments, implement safety measures, and develop policies for managing visitors. Prioritizing visitor safety is not only a responsible business practice but a legal requirement.

Last Updated on May 2, 2025 by samboad