Legal

Occupiers’ Liability Part II: Licencees

April 06, 2011

Shelley Timms, B.A., LL.B., LL.M.
Timshel Services Inc.
Alcohol Risk Management
Timshel@timshelservices.com

Editors Note: In the US, this is referred to as ‘Premises Liability’.  While there may be differences from state to state, the principles are essentially the same.

Part I of the series discussed invitees, those who are permitted on an occupied land by the occupier, usually for the benefit of the occupier.

The “licencee” is identified as one who, for his or her own purpose or interest, goes onto premises occupied by another with the occupier’s consent or sufferance. It is important to note that consent can be implied as well as express.

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Occupiers’ Liability Part III: The Trespasser

April 05, 2011

Shelley Timms, B.A., LL.B., LL.M.
Timshel Services Inc.
Alcohol Risk Management
Timshel@timshelservices.com

Editors Note: In the US, this is referred to as ‘Premises Liability’. While there may be differences from state to state, the principles are essentially the same.

Parts I & II of the series on Occupiers’ Liability has explored the issues surrounding an ‘occupier’ and ‘premises’,  and who is considered to be an invitee and a licencee, should injury occur while they on ‘occupied’ premises. Keep in mind that an occupier (anyone in control of premises) must use such care as may be required to protect invitees and/or licencees while they are on the premises.

So what happens if the user is a trespasser?

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