the human anatomy

Law Essay on Duties Owed by the Owner

Duties Owed by the Owner

This paper explains privileges and duties payable by a premises owner to trespassers, invitees and proprietors to the premise.


According to Rush and Ottley (165), the Occupiers Liability Act 1984, states that an occupant of a premise, owes duty of ensuring safety from any form of danger within a premise to a trespasser especially if he can reasonably or if he knows that danger exists towards a trespasser, or if he knows or can expect reasonably that un-wanted visitors may visit the premise and he or she is exposed to danger that he or she is expected to be protected against.

He is however not expected to carry out inspection on the premise for any form of danger to the trespasser.


A premise owner generally owes a licensed person to be in the property a duty to inspect the premise and warn against any possible danger that the licensee would not have otherwise recognized and practice personal safety against the same (Cohene & Abele, 151). The owner is therefore held responsible for injuries towards the licensee if he had better knowledge that the licensee, otherwise, they would both be exposed to danger while in the premise and the owner is not held responsible.


Cohene and Abele (152), notes that business owners owe the highest duty of care to business invitees. He is required to ensure that the premise is safe, thus, he must carry out thorough inspection for an obvious and hidden risk especially in places where invitees are allowed as well as in areas where they could stray to. In dangerous areas including slippery floors, the owner is also expected to place signs that warn invitees to observe extra care.

Rationale for these standards

A trespasser illegally stays in a premise therefore; he is owed the least duty of care. However, the owner is required to ensure he does not harm the trespasser willingly. A licensee does not offer any benefit to the owner and thus, he is not expected to make the premises safe for him. Invitees on the other hand are invited to the premise for something beneficial to the owner. As a result, the premise owner is expected to ensure maximum safety for them.


This paper has explained privileges and responsibilities owed to trespassers, licensees and invitees to premises as well as the logic behind these legal measures.



Works Cited

Cohen, Harvey H., Abele Jon R. Slips, Trips, Missteps, and Their Consequences Tucson, AZ:

Lawyers & Judges Publishing Inc. 2007. 151- 152. Web, 18 January 2014,

Rush Jon, Michael Ottley (2006) Business Law, London UK: Thompson Learning. 2006. 165.

Web, 18 January 2014,



Posted by:


Related articles

list of articles



  • Sample Essay on SWOT Analysis of The Home Depot January 20, 2016
    SWOT Analysis of The Home Depot SWOT analysis of The Home Depot is among the best tools used by the home improvement retailer to gauge its ability to stay afloat and profitable in the market. Although it is considered the largest home improvement retail chain in the world with an estimated revenue base on more […]


Latest News From Blog

Check out Our Blog's assignment samples and tips on how to Write Assigments
Essay sample on the Effects of Cold War on Soviet Union..

Effects of Cold War on Soviet Union The Soviet Union was one of the main participants in the Cold War. It was engaged in the war with the USA and - See more

Essay sample on Effects of Cold War on Asia

Effects of Cold War on Asia Tensions of the Cold War began shifting from Europe to Asia in 1949 when Mao Zeodong proclaimed the birth of the ...Read More

Sample Essay on United Kingdom Healthcare System

United Kingdom Healthcare System United Kingdom healthcare system, also known as the National Health Service was established...Read More

Back to Top